Karnataka High Court sentences 10 for assaulting Dalits, overturns lower court's acquittal
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Bengaluru: The Karnataka High Court has overturned the acquittal of 10 individuals accused of assaulting members of Scheduled Castes in Dunda village, Tumakuru district.
The assault, stemming from a police complaint lodged by Scheduled Caste individuals against an upper-caste individual, led to a legal battle that has now resulted in the High Court's verdict.
The High Court, disagreeing with the lower court's lenient view, firmly stated, "This Court cannot lose sight of the fact that without any justification, the accused have chosen to enter the 'Harijan' colony and indiscriminately assault the complainant and others for the simple reason that two of them approached the police and complain against accused No.1."
The case stemmed from a complaint against DR Sudeep regarding an incident on Shivamurthy's land.
Justice J M Khazi, in the recent verdict, emphasised the motive behind the assault, noting, "The accused have chosen to assault complainant and others for the simple reason that though they belong to Schedule Caste, they had the courage or audacity of complaining against a person belonging to the forward community."
Initially acquitted by the III Additional Sessions Court, Tumakuru, the accused faced charges under various sections of the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The High Court's decision overturned the acquittal, citing a failure to consider evidence and a wrong interpretation by the trial court.
Among the 11 accused, one individual, B S Shivalingaiah, passed away during the trial. The court's verdict now sentenced the remaining individuals, including D R Sudeep, Jayamma, Nataraja, B K Srinivas, D K Shankaraiah, D B Shivakumar, Harsha, D N Prakash, Gowramma, and Kalpana, for their involvement in the assault.
The sentencing ranged from two months to one year for various sections of the IPC and the SC/ST (Prevention of Atrocities) Act. All sentences are to run concurrently, as specified by the High Court.
The ruling not only highlights the severity of the assault but also underscores the court's assertion that the lower court failed to adequately consider the evidence presented. This decision marks a significant turn in the pursuit of justice for the victims of caste-based violence, reaffirming the judicial commitment to addressing such atrocities and holding the perpetrators accountable.
