Can Mere Acquaintance Satisfy the Knowledge Requirement Under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act?

 

Summary

Category Data
Court Supreme Court of India
Case Number Crl.A. No.-004502-004502 – 2025
Diary Number 35976/2024
Judge Name HON’BLE MR. JUSTICE K.V. VISWANATHAN
Bench

HON’BLE MR. JUSTICE J.B. PARDIWALA

HON’BLE MR. JUSTICE K.V. VISWANATHAN

Overrules / Affirms Affirms High Court and Trial Court convictions and sentences
Type of Law Criminal Law
Questions of Law
  • Whether Section 8(c) presumption under the SC/ST Act is triggered by mere acquaintance with victim’s family
  • Proper exercise of discretion under Section 154 of the Evidence Act for hostile witnesses
  • Admissibility of school admission register under Section 35 Evidence Act as proof of age
Ratio Decidendi
  1. A witness may be declared hostile under Section 154 Evidence Act only if there is material showing hostility or resiling from a material earlier statement; courts must exercise this discretion sparingly.
  2. A school admission register, seized under proper procedure, is admissible under Section 35 Evidence Act to prove date of birth.
  3. Under amended Section 3(2)(v) SC/ST Act and Section 8(c), mere personal knowledge of a victim’s caste suffices to satisfy the “knowledge” requirement for offences punishable with 10 years or more.
  4. Medical evidence and chain of custody can corroborate forcible intercourse and semen recovery.
Judgments Relied Upon
  • Sri Rabindra Kumar Dey v. State of Orissa (1976) 4 SCC 233
  • Dahyabhai Chhaganbhai Thakker v. State of Gujarat AIR 1964 SC 1563
  • Gura Singh v. State of Rajasthan (2001) 2 SCC 205
  • Bhagwan Singh v. State of Haryana (1976) 1 SCC 389
  • State of Chhattisgarh v. Lekhram (2006) 5 SCC 736
  • Patan Jamal Vali v. State of A.P. (2021) 16 SCC 225
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Section 154 Evidence Act discretion guidelines
  • Section 35 Evidence Act
  • Section 164 CrPC corroboration
  • Amended Section 3(2)(v) SC/ST Act
  • Section 8(c) SC/ST Act presumption
  • POCSO Act Section 4
  • Victim’s testimony and medical report
Facts as Summarised by the Court

On 14.05.2018, a minor SC girl was allegedly lured by promise of marriage, forcibly taken to a forest and subjected to repeated sexual intercourse by the accused. Her father lodged an FIR under Sections 363, 366, 376, 506 IPC, Section 4 POCSO, and Section 3(2)(v) SC/ST Act. Victim, her father, school teacher and doctor testified; panch witnesses did not. School admission register and caste certificate were seized. Medical examination showed hymenal injury and semen stains; forensic report confirmed human sperm. The accused’s appeal against conviction and life sentence was dismissed.

Practical Impact

Category Impact
Binding On All subordinate courts
Follows Guidelines from Rabindra Kumar Dey, Gura Singh and Bhagwan Singh on treating hostile witnesses under Section 154 Evidence Act

What’s New / What Lawyers Should Note

  • Emphasizes that Section 154 Evidence Act permits declaring a witness hostile only when there is clear material of hostility or resiling from a prior material statement.
  • Affirms that a school admission register, when properly seized, is admissible under Section 35 Evidence Act to prove minor’s age.
  • Clarifies that under amended Section 3(2)(v) SC/ST Act and Section 8(c), mere personal knowledge or acquaintance with a victim’s family suffices to presume the accused knew the victim’s caste.
  • Reaffirms that medical evidence of hymenal injury and semen stains, with an unbroken chain of custody, robustly supports convictions for rape and POCSO offences.

Summary of Legal Reasoning

  1. Hostile Witnesses (Section 154 Evidence Act)

    • Cites Rabindra Kumar Dey and Dahyabhai Thakker: witness hostility must be material and courts must exercise discretion sparingly.
    • Minor or inconsequential omissions do not justify hostile treatment.
  2. Proof of Age (Section 35 Evidence Act)

    • Admission register seized under Ext.P-11 held admissible; date of birth entry (15.09.2004) corroborated by father’s statement.
  3. Medical Evidence & Chain of Custody

    • Dr. PW-10’s examination showed fresh hymenal injury; underwear and slides retained and analysed; forensic report confirmed human sperm.
  4. Applicability of SC/ST Act

    • Post-2016 amendment to Section 3(2)(v) SC/ST Act reduces threshold to “knowledge” of victim’s caste.
    • Section 8(c) creates presumption of knowledge if accused is personally acquainted with victim/family.
  5. Conclusion

    Concurrent findings of trial court and High Court on kidnapping, rape, intimidation, POCSO and SC/ST Act offences upheld; appeal dismissed.

Factual Background

A minor girl belonging to a Scheduled Caste disappeared on 10.05.2018 after serving dinner, prompting her father to file an FIR under Section 363 IPC. Investigation revealed she had been lured by promise of marriage, forcibly taken to a forest, raped, and later left at her uncle’s home. Charges under IPC, POCSO and the SC/ST Act ensued; evidence included her testimony, medical examination, school records and caste certificate. The trial court convicted and sentenced the accused; the High Court and Supreme Court affirmed.

Statutory Analysis

  • Section 154, Evidence Act (now Section 157 BSA): lays down limited discretion to cross-examine one’s own witness, requiring material hostility.
  • Section 35, Evidence Act: instruments maintaining public duty (school register) are admissible to prove date of birth.
  • Section 164, CrPC: victim’s recorded statement aids corroboration.
  • POCSO Act 2012 Section 4: rape of a minor.
  • SC/ST Act 1989 Section 3(2)(v) (amended 2016): offence punishable with life when accused, knowing victim is SC/ST, commits offence punishable ≥10 years.
  • SC/ST Act 1989 Section 8(c) (Amendment 2015): presumes knowledge of caste where accused is personally acquainted with victim or family.

Alert Indicators

  • ✔ Precedent Followed – affirms established law on hostile witnesses and evidence of age under Sections 154 and 35 Evidence Act.

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