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Criminal LawSupreme Court of India

Asharfi v. The State of Uttar Pradesh

Criminal Appeal · 2017 INSC 1205Decided 8 Dec 2017
Criminal Appeal No. 1182 of 2015
Justice Ranjan Gogoi · Justice R. Banumathi

Background

The appellant Asharfi was convicted by a trial court of offences including rape (Section 376(2)(g) IPC) and an offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989, arising from an incident on the night of 8/9 December 1995 in which he and a co-accused allegedly forced entry into a house and raped the complainant's wife. The Allahabad High Court affirmed the conviction and sentence (10 years for rape, life imprisonment under the SC/ST Act). The appellant, through an amicus curiae since no one appeared for the State, appealed to the Supreme Court.

Decision Breakdown

The Supreme Court upheld the rape conviction and sentence, finding the concurrent findings of the trial court and High Court, based on the victim's and an eyewitness's testimony plus medical evidence, did not warrant interference. However, it set aside the conviction under Section 3(2)(v) of the SC/ST Act, holding that under the pre-2016 (unamended) version of that provision, applicable since the offence occurred in 1995, a conviction required proof that the offence was committed specifically "on the ground that" the victim belonged to a Scheduled Caste, which is a higher standard than the post-2016 amendment's "knowledge" standard. Since the evidence did not establish this caste-based motive/intention, that part of the conviction and the life sentence attached to it could not be sustained. The appeal was partly allowed, and since the appellant had already served over ten years, he was ordered released forthwith (unless wanted in any other case).

Lesson Learnt

The specific legal standard for convicting someone under the SC/ST Prevention of Atrocities Act changed in 2016, before the amendment, prosecutors had to prove the crime was committed specifically because the victim belonged to a Scheduled Caste/Tribe (a tougher bar), not merely that the accused knew of the victim's caste; which version of the law applies depends on when the offence occurred, not when the case is decided.

Asharfi v. The State of Uttar Pradesh – Legal Case Shots | LegalAware