Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Tuesday, 22 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-12-08 partly_allowed

Asharfi vs State of Uttar Pradesh

Bench: 2 — R. Banumathi

In Brief

In December 1995, a man allegedly forcibly entered the home of a woman belonging to a Scheduled Caste and raped her. He was convicted of rape under IPC Section 376(2)(g) and aggravated atrocity under SC/ST Prevention of Atrocities Act Section 3(2)(v), receiving life imprisonment for the latter. The Supreme Court upheld the rape conviction and 10-year sentence but set aside the atrocity conviction. The Court held that the unamended statute required proof the rape was committed 'on the ground that' the victim belonged to Scheduled Caste—i.e., with discriminatory intent. The evidence did not establish such intent, merely showing a rape crime without anti-SC motivation. The amendment lowered the threshold to 'knowing that', but did not apply retroactively.

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Criminal Law Rape Atrocity against Scheduled Caste Statutory Interpretation Mens Rea Retroactive Application of Amendments

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