2022 LiveLaw(Ker) 557 IN THE HIGH COURT OF KERALA AT

ERNAKULAM DR. JUSTICE KAUSER EDAPPAGATH; J. CRL.REV.PET NO.

370 OF 2022; 2 nd September, 2022 XXXXXXXXXX versus STATE OF
KERALA

S.3(2)(v) was amended by the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2016 which came into effect on
26th January, 2016. The words “.............on the ground that” u/s 3(2)(v) have
been substituted with “............knowing that such person is a member of a
Scheduled Caste/Scheduled Tribe”. Thus, subsequent to the amendment sine
qua non for application of S.3(2)(v) is that offence must be committed by a
person who does not belong to a member of a Scheduled Caste/Scheduled 5
Tribe against a person belonging to Scheduled Caste/Scheduled Tribe with the
knowledge that such person is a member of Scheduled Caste/Scheduled Tribe.
In the absence of averment to that effect, the offence u/s 3(2)(v) would not get
attracted.
The word found in the provision being “knowingly”, an allegation about the
assailant's knowledge or awareness that the victim is a member of Scheduled
Caste/Scheduled Tribe at the time of the commission of the atrocity described
under the provision must be there. Without the element of knowledge being
incorporated in the allegations, the offence is unlikely to be attracted. (vide
Sandeep Saju v. State of Kerala 2020 (1) KHC 100). The alteration/addition of a
charge may be done, if in the opinion of the court, there was an omission in
the framing of charge or if upon prima facie examination of the material
brought on record, it leads the court to form a presumptive opinion, as to the
existence of the factual ingredients constituting the alleged offence [vide Dr.
Nallapareddy Sridhar Reddy

https://www.livelaw.in/news-updates/sc-st-prevention-of-atrocities-
act-s-32v-only-attracts-when-offence-committed-person-belonging-
scst-against-person-belong-scst-with-knowledge-such-person-
belongs-scst-kerala-hc-212797
Jagsen vs The State of Chhattisgarh in CRA No. 973 of
2012 
 prior to the amendment inserted on 26.01.2016 it was entirely for the prosecution to
establish and prove that the offence was committed just because the victim was a
member of Scheduled Tribe community. In view of the evidence adduced by the
prosecution, it is apparent that it has miserably failed to prove that the appellants
Bholaram and Ramkumar committed the offence under Sections 341 and 354 IPC on
the basis of caste identity of the victim. There is no separate evidence led on behalf of
the prosecution to establish that the appellants committed the offence on the basis of
caste identity of the victim. While it can be presumed that the appellants knew that the
victim belonged to scheduled tribe community as the victim and the accused persons
were the residents of the same village, but mere knowledge of the same cannot be said
to be the basis of conviction for the offence and it had to be proved by the prosecution
by leading separate evidence as held by their Lordships of the Supreme Court in the
matter of Patan Jaman Vali (supra). In absence of any such independent evidence led
by the prosecution establishing that the appellants wrongfully confined the victim and
outraged her modesty only on the ground that she belonged to Scheduled Tribe
community, we are of the considered opinion that learned Trial Court was unjustified in
convicting the appellants Bholaram and Ramkumar for the charge under Section 3 (2)
(v) of the Special Act. Accordingly, their conviction for offence punishable under Section
3 (2) (v) of the Special Act is hereby set aside

Supreme court bench of justices Ranjan Gogoi and R Banumathi said. A man
cannot be convicted of an additional offence under SC/ST act until it is proved
that that perpetrator committed the offence knowing the victim belonged to the
oppressed caste.
.

Read more at: https://www.deccanherald.com/content/650962/conviction-scst-

act-subject-knowledge.html
Accused Must Have Knowledge Of Victim's Caste To Be Prosecuted For Offences Under SC/ST
Act: Gujarat High Court

https://www.livelaw.in/news-updates/gujarat-high-court-offence-under-sc-st-act-accused-knowledge-
of-victims-caste-192188?infinitescroll=1