JUDGMENT :- Being aggrieved by the judgment and order of conviction passed by the Special Court on 28th July, 1997 in Special Criminal Case No.14 of1995 the appellant has preferred this appeal on the grounds mentioned in the appeal and verbally canvassed before me: 2. With the assistance of learned Government Prosecutor and Advocate for the appellant, I have scrutinised the record and re-appreciated the evidence on record. The prosecution story stated in brief is that the complainant had contracted with the accused for construction of a well in her field. This work was going on when the accused alleged complained that he is short of hands and therefore the victim also should work with his labourers for digging the well. Accordingly, they started working. In the evening of 15th April, 1995 around 6 p.m. when all others left the field the victim continued to be there as the field belonged to her. Seeing that she is alone, the accused came near her, held her and outraged her modesty. She called her husband -who arrived at the scene of the offence and saved her. Though the incident occurred on 15th April, 1995 the first information report regarding the occurrence was filed only on 8th May, 1995. The reason given for the delay in filing the F.I.R. was apprehension of the complainant that accused had contracted to construct the well and he may not complete the well and that will hamper over the agricultural operation. On the face of it the delay is not at all explained. The reason given is very flimsy. The prosecution has examined 4 witnesses to prove its case. 3. However, learned Advocate appearing on behalf of the appellant submitted that· the entire investigation is vitiated and therefore the order of conviction is liable to be struck down. Because, according to him Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1995 provide that investigation of crimes under the Act has to be done by the person not below the rank of a Deputy Superintendent of Police. A perusal of Rule 7 will show that elaborate procedure for investigation is thus provided by the rules. The reason is not far of to see. 4. Atrocities on people belonging to scheduled castes and scheduled tribes is an ancient happening. A perusal of Rule 7 will show that elaborate procedure for investigation is thus provided by the rules. The reason is not far of to see. 4. Atrocities on people belonging to scheduled castes and scheduled tribes is an ancient happening. For centuries people belonging to these castes and tribes have been unwarrantable subjected to atrocities by other caste people. Several attempts and legislative reforms were undertaken to prevent these atrocities. Though the percentage was reduced the atrocities were not completely stopped. 5. The framers of the Constitution therefore thought it fit to give constitutional protection to the rights of person belonging to the scheduled castes and scheduled tribes. The fundamental rights contained in part III of the Constitution were therefore so framed as to give constitutional status to the basic rights of people belonging to these castes. Article 15 provided for prohibition of discrimination on the ground of religion, race, caste, sex or place of birth. It mandated that no citizen shall, only on grounds of religion, race, caste, sex, place of birth; or any of them be subject to any disability, liability, restriction or condition with regard to (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) to use of wells, tanks, bathing, ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public. Nothing in this articles shall prevent the State from making any special provision for women and children. It then stipulated that nothing in this Article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. It will thus be seen that prohibition imposed by Article 15 was to do away with the atrocities committed on people of scheduled castes and schedule tribes on the ground that they belonged to those castes or tribes. 6. Article 16 then provided for equality of opportunity in the matters of public employment. Clause 2 thereof consequently, mandated that no citizen shall, on the grounds only of religion, caste sex, descent, place of birth, residence or any of them be ineligible for, or discriminated against in respect of, any employment or office under the State. 6. Article 16 then provided for equality of opportunity in the matters of public employment. Clause 2 thereof consequently, mandated that no citizen shall, on the grounds only of religion, caste sex, descent, place of birth, residence or any of them be ineligible for, or discriminated against in respect of, any employment or office under the State. Equalities of opportunity in the mater of public employment was thus guaranteed to people belonging to schedule castes or tribes. 7. Then Article 17 speaks of abolition of untouchability. It clearly provided that untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability was made an offence punishable in accordance with law. Even after providing for such constitutional guarantees to the people of scheduled castes and scheduled tribes, the atrocities continued. Article 17 contemplated removal of disability arising out of untouchability by declaring that it shall be an offence. But, there was no law to deal with commission of such offences. Parliament therefore enacted Protection of Civil Rights Act, 1955 to protect the civil rights which were also aimed at protecting the fundamental rights to people belonging to the scheduled castes contained in Articles 15, 16 and 17. Several offences committed in relation to persons belonging to these classes defined and legislated. The procedure. was strict and separate. 8. Unfortunately even this Act did not have the desired effect. As a consequence of which the Parliament was required to enact in 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 'Its aim was to prevent commission of offences of atrocities against the members of the scheduled castes and scheduled tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therein or incidental thereto. 9. It will be seen therefore that object of the Act admittedly and specifically was to provide an enactment though earlier one existed. To effectively curb atrocities on backward classes. It is clearly mentioned in the Objects and Reasons that despite various measures to improve the social economic conditions of the Scheduled Castes and the Scheduled Tribes, they remain vulnerable. They are denied number of civil rights. 10. It is in these context that we have to consider the provisions of the Act and the rules. It is clearly mentioned in the Objects and Reasons that despite various measures to improve the social economic conditions of the Scheduled Castes and the Scheduled Tribes, they remain vulnerable. They are denied number of civil rights. 10. It is in these context that we have to consider the provisions of the Act and the rules. The Act provides for offences of atrocities committed. Section 4 prescribes punishment for neglect of duties under the Act. Section 5 speaks for enhanced punishment for subsequent conviction. Section 7 specifically provides for forfeiture of property of certain persons mentioned therein. Establishment of special Courts was provided by chapter IV. Thus, the complete machinery was created to prevent atrocities on the people of scheduled castes and tribes and commission of offences were strictly punishable by the provisions of these Acts. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were framed for furthering implementation of the Act. It will be seen that the scheme of the Act therefore was that punishment were be enforced against persons committing offences under the Act. Several courts were created for that purpose. In such circumstances, the implementation of that law was ordained to be strict. Viewed in this perspective, rule 7 of the rules will have to be considered. Rule 7 reads as under: (1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The Investigation Officer shall be appointed by the State Government/Director General of Police/Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implication of the case and investigate it along with right lines within the shortest possible time. 11. It is obvious therefore, from the rule quoted above that the State mandated investigation into serious offences by a seasoned senior Officer of the rank not below the rank of a Deputy Superintended of Police. This was so prescribed to avoid the possibility of a low ranking official from being corrupted, coerced or influenced in reaching to the core and the matter, to find out the culprits and bring them to book. This was so prescribed to avoid the possibility of a low ranking official from being corrupted, coerced or influenced in reaching to the core and the matter, to find out the culprits and bring them to book. The requirement of law that investigation by a senior officer was thought necessary for prevention of atrocities on backward classes, the investigation is required to be in the hands of a responsible officer and they are not unnecessary made to suffer atrocities and it also protected citizens from being unnecessarily harassed by the prosecution for the things which they have not done. It is in these circumstances, investigation are required to be carried out by the officer not below the rank of a Deputy Superintendent of Police. The provision is of Rule 7 therefore, will have to be held as .mandatory and failure to observe the sale would result in vitiating the trial and investigation. 12. PW 4 in the instant case is head constable of police and he has clearly stated in his deposition that he carried out the entire investigation starting and recording of F.I.R.s and ending with filling of challan. The entire process is vitiated. No conviction could be recorded on the basis of such flimsy and wild investigations. 13. In the result, the appeal must succeed and is allowed. The judgment of conviction is set aside. The accused is already on bail. His bail bonds are cancelled.