In Brief
Asharfi was convicted by the trial court and High Court for rape under IPC Section 376(2)(g) and under Section 3(2)(v) of the SC/ST Prevention of Atrocities Act following an incident on 8–9 December 1995. The Supreme Court upheld his rape conviction and accompanying sentences but set aside the conviction under Section 3(2)(v). The Court held that the unamended version of Section 3(2)(v) (applicable at the time) required proof that rape was committed 'on the ground that' the victim belonged to SC/ST—a test of the accused's intention or caste-motivated intent. The evidence did not establish this intent. The Court noted that a 2016 amendment changed the test to mere 'knowledge' of the victim's SC/ST status, but this applied only prospectively. The appeal was partly allowed; Asharfi was released as he had already served over 10 years."
The lawyer headnote and full judgment text are available to registered users.