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Kailas & Ors. V/s State of Maharashtra
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Kailas & Ors. V/s State of Maharashtra
Kailas & Ors. V/s State of Maharashtra

Facts of the Case

This appeal has been filed before the Honorable Supreme Court pursuing to the final judgment passed dismissing the prayer of the appellant by the Aurangabad Bench of the High Court of Bombay in a criminal appeal filed before the same. The appeal is clear images of the people being treated inhumanely by other group of people and such condition has culminated in to a worst case scenario for the tribal people of India who actually have been the descendants of people who were the original inhabitant in the country. The tribal group or known as the Schedule Tribes which is living in condition of the utmost poverty, illiteracy, diseases and landlessness. The population of this group has also been receding increasingly, in today’s time and the population of the tribal is just 8% in the total population in the country.

The victim herein is a woman of the Schedule Tribe. A young woman named Nandabai who is 25 years old, belonged to the Bhil community which comes under the ambit of Schedule Tribe as per law. Nandabai was beaten by the accused herein the accused hit with his kick and fist and such brutality was additionally imposed on her after when the accused tore her blouse and her brassier and was forced to parade on the streets of village inflicting a painful and embarrassing condition of running naked took the torture to the peak. The accused even after such infliction did not stop and beat her more, again with his fist and kick in the condition of her nakedness. The four accused where sentenced to imprisonment by the Additional Session Judge from the district Ahemdnagar under various provisions of Indian Penal Code, 1860 and SC, ST (Prevention from Atrocities) Act, 1989. In an appeal filed before the Honorable High Court, wherein the High Court setting aside the penalty under section 3 of SC-ST(Prevention from Atrocities) Act, 1989 granted the reduction of the sentence and further eliminating the penalty provided by the Additional Session Judge decided on to pay a sum of Rs. 5000/- to the victim.

Issues of the Case

  1. Whether the penalty provided should be eliminated?
  2. Whether the offence has been committed under SC ST Act valid or invalid?
  3. Whether the contention presented should result in a reduction of the punishment?
  4. Whether the order passed by the Honorable High Court valid?

Judgment

The Honorable Supreme Court after hearing the learned counsels representing both the parties in the matter above and considering the facts and the precedents submitted established by the Honorable Judges to support the prayers and pleadings of the parties in the matter above states its observation herein that though there seems no reason for this court to interfere with the judgment provided by the High Court under various provisions of the Indian Penal Code it at the same reason states that the penalties imposed are very light an does not serve the justice this court decided that the penalty should be more stringent and harsh.

The Court states that the India has a country is land of immigrants and around 92% of the population of the country are immigrants or at least the descendants of the immigrants who travelled in here due to uncomfortable areas they lived in the search of the better places over 10,000 years ago period. The Supreme Court further advises to research more in to the topic of Indian immigrants considering the historical importance of it, but such research ash to be done by an individual time and the court should not go deep in to it at the moment whereas the question regarding the above facts demands the justice in time frame. From the above matter it is clear that 92% of the population in India is immigrants or the descendants of immigrants. The court understands the rationale of such a huge diversity in the country and also provided that there require an effort for us to maintain such diversity.

It further states that secularism in the country will be held its account only when the immigrants in the country and original inhabitant of this country remained and lived in complete harmony. In India to maintain its solidarity, it is important to have a secular approach to these diverse conditions, further approach which consist of tolerance and acceptability should be of paramount importance to be practiced. The growth of humanity for developing land like India should be achieved only by these principles. This is one of the basic principles of the constitution that provides the right to practice and propagate their religion. The court understand the need for unequal or privileged treatment to the group who has been classified has minority and who has been in disadvantageous position from long time it is for this reason in the constitution of India there has been Articles mentioned for the upliftment of these individuals. The Court referring to the precedents earlier and stated that it is the duty of all the citizens in our country to practice such secularism and to love our country in our entirety.

The court finds it to be utterly disgraceful that the mentality of India has been such towards the original inhabitant of India, request the change of mind. The court decided that such matter need justice larger than provided by the earlier courts and manifest shame on the part of our country that we have treating the ST like this. Even then the Court observed that the tribal’s has practiced higher standards in protecting their communities and its traditions. The Court observes that the Tribal are superior in characters than other non-tribal. It is now the time for court to change the situation and eliminate the injustice done to them.

The Honorable Supreme Court in deciding the matter suggests the penalties charged by the High Court is very light in comparison to the heinous crime committed and orders for the complete condemnation and harsher punishment for the accused. All the appeals in the matter above stands dismissed accordingly.

Case No.: CA 11 of 2011
Date: 05/01/2011

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