Conviction under Section 325 IPC changed to Section 324 IPC; SC/ST (PoA) Act provisions not applicable due to lack of evidence.
In a significant ruling, the Karnataka High Court has modified the conviction of Smt. Prema in a case involving a neighbourhood dispute, reducing the gravity of charges under the Indian Penal Code and dismissing provisions under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 due to insufficient evidence.
The incident, which took place in 2019, involved a conflict between neighbours that escalated, leading to injuries. Initially, Smt. Prema was convicted under Section 325 of the Indian Penal Code (IPC) for causing grievous hurt, and the SC/ST (PoA) Act was invoked alleging caste-based insults.
However, the High Court, upon review, found that the evidence did not substantiate the charge of a fracture as no X-ray evidence was provided, leading to a modification of the conviction from Section 325 IPC to Section 324 IPC, which pertains to causing hurt by dangerous weapons or means. The court imposed a fine of ?50,000 instead of imprisonment, considering the nature of the offence and the circumstances.
Furthermore, the court ruled that the provisions of the SC/ST (PoA) Act were not applicable, as there was no evidence to establish caste-based insults or humiliation in public view. This decision was based on the testimonies that did not mention any specific caste-based derogatory remarks made by the accused.
The court emphasized the principles of restorative justice, highlighting that imposing a fine and compensation can serve the ends of justice more effectively in minor offences, especially between first-time offenders and neighbours, to avoid further disruption of relations.
The appeals filed by the State were dismissed, while the accused's appeal was allowed in part, modifying the trial court's judgment and emphasizing a conciliatory approach over punitive measures.
Bottom Line:
Conviction under Section 325 IPC modified to Section 324 IPC due to lack of X-ray evidence to substantiate the fracture; provisions of SC/ST (PoA) Act not invoked due to absence of evidence establishing essential ingredients of the offence.
Statutory provision(s): Indian Penal Code, 1860 - Sections 325, 324; Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r)(s), 3(2)(va).
State of Karnataka v. Smt. Prema, (Karnataka)(DB) : Law Finder Doc id # 2852987
