IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Rev. No. 554 of 2009 Date of Decision:- 3.3.2009 Manoj & Anr Versus State of Haryana. Present:- Mr. J.P.Sharma, Advocate, for the petitioner. M.M.S.BEDI. (J) (Oral) Learned counsel for the petitioner has contended that by framing charge under Section 3(2)(v) the enhanced punishment of imprisonment for life is warranted, but the offence under Section 3(2)(v) is not made out as the alleged offence of carnal inter-course against the victim had not been committed on the basis that he belong to Scheduled Caste or Scheduled Tribe. He has placed reliance on Masumsha Hasanasha Musalman Vs. State of Maharashtra, 2000(2) RCR (Crl) 116, in support of his contention wherein deceased victim was member of Scheduled Caste. The accused was convicted for offence under Section 304 Part -II as well as 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but the conviction under Section 3(2)(v) was set aside holding that for attracting provisions of Section 3(2)(v) of the Act, the sine- qua-non is that the victim should be a person who belong to Scheduled Caste or Scheduled Tribe and that the offence under the IPC is committed on the basis that such a person belong to Scheduled Caste or Scheduled Tribe. In the absence of ingredients said offence under Section 3(2)(v) of the Act can be said to be made out. He has also placed reliance on Ashok Bapurao Thorat Vs. The State of Maharashtra and Anr., 2008(1) R.C.R (Crl) 491. Crl. Rev. No. 554 of 2009 -2- The entire report under Section 173(2) Cr.P.C is not available with this Court as such legality and propriety of the order of framing of charge under Section 3(2)(v) of the Act cannot be appreciated in context to the report under section 173(2) Cr.P.C. This petition is disposed of with liberty to the petitioner to move an application under Section 216 Cr.P.C for alteration of the charge by raising all the pleas taken before this Court. In case any such application is moved, the trial Court will consider the contentions and pass a speaking order. March 3, 2009 (M.M.S.Bedi) tripti Judge