ASHARFI versus STATE OF UTTAR PRADESH

ASHARFI versus STATE OF UTTAR PRADESH

Conviction and sentence under Section 3(2)(v) of the SC/ST Act set aside as there was no evidence that offence was committed on ground of victim's caste; conviction under Section 376(2)(g) IPC affirmed.

Parties
Appellant: Asharfi; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
08 December 2017
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal partly allowed
Legal Topics
Rape, Sc/st (prevention of Atrocities) Act, Interpretation of Amended Statutes
Criminal Law Rape Sc/st (prevention of Atrocities) Act Interpretation of Amended Statutes

Case Brief

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Parties

Asharfi

Appellant

State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether conviction under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 could be sustained in absence of proof that the offence was committed on the ground that the victim belonged to Scheduled Caste
  2. 2 Whether conviction and sentence under Section 376(2)(g) IPC is justified

Ratio Decidendi

Conviction and sentence under Section 3(2)(v) of the SC/ST Act set aside as there was no evidence that offence was committed on ground of victim's caste; conviction under Section 376(2)(g) IPC affirmed.

Court Disposition

Appeal partly allowed

Orders

  • Conviction and sentence under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act set aside
  • Conviction and sentence under Section 376(2)(g) IPC and other IPC offences affirmed