RINKU Vs. STATE OF U.P.

JUDGEMENT

(1.) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, is a special Act, enacted for the dedicated purpose of preventing atrocities against members of scheduled castes and scheduled tribes, making the practice of such atrocities criminal offences punishable under this Act, establishing Special Courts (that includes Exclusive Special Courts) for the trial of such offences, extension of relief and bringing about rehabilitation of victims of offences; ofcourse, with the preamble to the Act, acclaiming to it a facilitative charter with the addition of words "and for matters connected therewith or incidental thereto".

(2.) The Protection of Children from Sexual Offences Act, 2012, is also a special Act, dedicated to the welfare of another special class of citizens: 'children'. This Act also bears a penal character and concerns itself with offences against children, and its preamble ambitiously proclaiming it to be "An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto". The preamble to this Act is far more elaborate, and, speaks in minute detail about its aspirations. The Court would revert to it at an appropriate stage during the course of this order, as some argument on its basis was advanced by learned counsel, to persuade the Court to answer the question involved here, in one way.

(3.) Before proceeding further, it would be profitable to determine the abbreviated nomenclature in relation to the principal statutes involved. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, shall be hereinafter referred to as the 'SC/ST Act'. The SC/ST Act was amended by The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, which is hereinafter referred to as the 'SC/ ST Amendment Act'. The Protection of Children from Sexual Offences Act, 2012, shall be hereinafter referred to as the 'POCSO Act'.