1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.941 OF 2010 The State of Maharashtra, Through, P.S.O. Kandhar Police station, Dist. Nanded APPLICANT VERSUS Vilas S/o.Ramrao Gaikwad, Age-42 years, R/o.Kalaka, Tal.Kandhar, Dist. Nanded RESPONDENT Mr.P.P.More, learned APP for applicant State Mr.D.M.Shinde, learned counsel for respondent. CORAM : A.V.POTDAR, J. DATE : 17/06/2010 ORAL JUDGMENT : 1. Today, the respondent has tendered his affidavit in reply, taken on record. 2. By the present application, the applicant state has challenged the order passed by the Learned Special and Additional Sessions Judge, Kandhar in Special (Atro.) Case No.4/2008, dated 19/11/2009, by which the learned Special Judge has rejected the application moved by the prosecution on 17/04/2009, requesting to allow to examine the Deputy Collector, S.L.A.O. Nanded to prove the 2 caste certificate dated 14/02/2005 and to call the witness. Considering the small controversy, which require to be decided in this application, Rule. Rule made returnable forthwith. By consent of the parties, heard at the stage of admission itself. 3. It appears that during the pendancy of Special Atrocity Case No.4/2008, above referred application was moved by the prosecution to allow him to examine the witness to prove the caste certificate of the victim. In the cases lodged under the Atrocities Act, the caste of the victim will play very vital role. Whether the caste of the victim is under challenge or not, still it is the responsibility of the State to bring and prove the caste of the victim under the provisions of The SC & ST Act. It is necessary to prove the caste of the victim as he belongs to SC or ST. It appears that this application was rejected by the learned Special Judge on the simple ground that the certificate produced on record is the photo copy of original caste certificate and not the original certificate. Whether to allow to lead the secondary evidence or not, is second aspect, but whether any application is moved to that effect, that also require consideration. The only reasoning given by the Learned Special Judge is that the witness can not be allowed to examine on the ground that the photo copy of the caste certificate is produced on record, and not the original. This is not the ground for valid rejection of the application submitted by the prosecution. In view of this, impugned order dated 19/11/2009, 3 below Exh.30, in Special (Atro.) Case No.4/2008 is hereby quashed and set aside and the application of the prosecution is hereby allowed. 4. Rule thus made absolute as indicated above. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.941-10