Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(v)–Penal Code, 1860–Secs. 376, 325/149 & 147–Conviction u/s. 3(2)(v) on the ground that appellant knew the identity of the prosecutrix as belonging to SC/ST–Whether proper?–Held, no–Findings of trial Court are based merely on presumption as no allegation is leveled against the appellant that the rape was committed by him because the prosecutrix was belonging to SC/ST–Appellant is entitled to be acquitted from the charge u/s. 3(2)(v).
