RUPABHAI BHALABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (i) 'Whether the Court is empowered to permit composition of the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955 by invoking the inherent powers under Sec. 482 of the Criminal Procedure Code, 1973, more particularly when there is no such express corresponding provision in these two special Acts like the one under Sec. 320 of the Criminal Procedure Code, 1973 ?' AND if yes, (ii) 'Whether in cases where the statute provides for the minimum sentence, the Court would still be justified in granting composition of the offence ?' These, in short, are the two important questions that arise for consideration in this appeal.

(2.) To state few relevant facts briefly, as far as they are necessary to decide the two questions raised above, the incident in question wherein Ramanbhai Moghabhai and Arvindbhai Dalabhai came to be given kicks and fist-blows and abuses in terms of 'Bhangi'. 'sala-dheda', 'neech', and 'down-caste', 'harijans', etc., etc., and thereafter illegally detained in one room by two Bharwads namely - Rupabhai Bhalabhai and Bhagabhai Darabhai took place on 27-5-1991 at 5-00 p.m. at Palanpur. On the basis of these allegations, Ramanbhai Moghabhai filed a complaint on 28-5-1991 against the said two accused before P.S.I., Modasa Town Police Station for the offences punishable under Secs. 323 and 324 of the Indian Penal Code, Secs. 3 and 7 of the Protection of Civil Rights Act, 1955 (for short 'Civil Rights Act') and Sec. 3(xiv) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Atrocities Act'). After the investigation was over, the respondent-Bharwad Rupabhai Bhalabhai and Bhagabhai Darabhai came to be charge-sheeted to stand trial for the aforesaid alleged offences before the Special Court at Himatnagar.

(3.) The trial Court after duly appreciating the prosecution evidence brought on the record, acquitted Bharwad Bhagabhai Darabhai, while convicted and sentenced the appellant-Bharwad Rupabhai Bhalabhai for the offences punishable (i) under Sees. 323 and 342 of the I.P.C.; (ii) under Sees. 3 and 7 of the Civil Rights Act; and (iii) under Sec. 3 (xiv) of the Atrocities Act, and sentenced him to undergo : (a) S.I. for one month and pay fine of Rs. 2000.00, in default, to undergo S.I. for 7 days; (b) S.I. for six months and pay fine of Rs. 200.00; in default, to undergo S.I. for 10 days; and (c) S.I. for six months and fine of Rs. 200/-; in default, to undergo S.I. for 10 days, respectively. It is this order of conviction and sentence which is challenged by the appellant in this appeal.