The Supreme Court has issued a notice to the Karnataka government on a plea by a man, who along with two sons, was convicted of assaulting a Dalit woman with an intent to outrage her modesty.
A bench of Justices Kurian Joseph and Amitava Roy sought the government's response on a special leave petition filed by Mallana and others, challenging the Karnataka High Court's judgement of April 28 last year.
Admitting the petition filed by Mallana and others for consideration, the court asked the state government to file an affidavit within four weeks. It also directed that the order for exemption from surrender of the appellants will continue.
The high court has confirmed a Yadgir court's order, awarding two years imprisonment to Mallana, his two sons Bikashawath and Anaveerappa and his relative Basavaraj under Section 3(XI) of the SC/ST (Prevention of Atrocities) Act, 1989, and other offences.
Mallana, in his plea, contended the order of conviction was illegal, arbitrary and erroneous as there was a delay of over 24 hours in registering the FIR and further only interested witnesses were examined in the case.
According to the prosecution, Bikashawath had entered the house of the victim on January 27, 2008, and outraged her modesty by holding her hands.
When she raised a hue and cry, other family members arrived in the house and held the accused to hand him over to the police.
But, meanwhile, Mallana and others arrived and set free the accused and further abused her by taking the name of her caste.
The trial court had on June 8, 2011, sentenced the four people for the offence of outraging the modesty of the victim and confining her and other offences under the SC/ST Act.
