DINESH @ DILO BHALUBHAI THARUKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order rendered by the learned Special Judge, Fast Track Court No.2, Jamnagar in Special Criminal Case No.23 of 2002 on 11/08/2003 finding the accused guilty of the offence punishable under Sections 3 (1) (xi) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Atrocities Act) and of the offence punishable under Section 376 of the Indian Penal Code (for short IPC) and sentencing the accused for life imprisonment with a fine of Rs.500/, in default, to undergo two months SI.

(2.) WE have heard learned Counsel for both the sides at length and have perused the oral as well as documentary evidence on record. While the matter was posted today for further arguments, learned Advocate for the appellant submitted that the appellant does not press the appeal insofar as offence punishable under Section 376 of the IPC was concerned and the appeal was pressed only insofar as the other offences under the Atrocities Act, were concerned.

(3.) IN reply to the aforesaid contention, learned APP candidly submitted that no evidence was adduced on the aforesaid aspect and on the contrary the learned trial Judge in the judgment itself observed that appellant belonged to the community known as "Devi Pujak" and it is also candidly submitted by learned APP that "Devi Pujak" belong to schedule caste. Learned APP has candidly drawn our attention to a certificate at Exh.39 showing that the accused belongs to scheduled caste. These facts have not been properly considered by I.O. and despite there being documentary evidence, he has deposed that he did not consider the appellant to be that of schedule caste.