JUDGMENT : J.M.KHAZI, J. This appeal filed under Section 377 of the Code of Criminal Procedure, the State has challenge the impugned judgment and order of the trial Court, so far as it relates to imposing punishment less than the minimum punishment prescribed for the offence punishable under Section 3(1) (ix) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act (for short " SC and ST (POA) Act"). 2. For the sake of convenience, parties are referred to by their ranks before the trial Court. 3. Shiggaon police filed a charge sheet against accused Nos.1 to 6 for the offences punishable under Sections 196, 198, 420, r/w 149 of IPC and Section 3(1)(ix) of SC/ST (POA) Act, alleging that accused Nos.1 to 6 belongs to Medar caste, which comes under Category-I. However, with an intention to utilize the same for securing the benefits available to persons belonging to schedule caste, they respectively secured caste certificate dated 06.07.2005, 09.08.2005, 07.12.2005, 14.12.2006 and 08.09.2006 from the office of Tahsildar, Shiggaon, as belonging to Hindu Medha, which comes under schedule caste. In this regard, accused No.2 contested the election held during 2007 for Shiggaon Municipality to the post reserved for scheduled caste woman in division-12 and thereby prevented a woman belonging to schedule caste from contesting from the said post. Further accused No.5 secured loan of Rs.80,000 which is meant for persons belonging to schedule caste under, Swarna Jayanthi Grama Swarojagara Yojane and thereby the accused persons have committed the above said offences. 4. The trial Court framed charge against accused Nos.1 to 6 for the offences punishable under Section 420 , r/w 149 of IPC and Section 3(1)(ix) of SC/ST (POA) Act, r/w 149 of IPC . 5. Accused pleaded not guilty and claimed trial. 6. In order to prove the allegations against the accused, the prosecution has relied upon the evidence of PWs-1 to 13 and Exs.P1 to 47. 7. During the course of their statements under Section 313 of CR.P.C. accused have denied the incriminating evidence led by the prosecution. 8. Accused have not led any oral or documentary evidence on their behalf. 9. In order to prove the allegations against the accused, the prosecution has relied upon the evidence of PWs-1 to 13 and Exs.P1 to 47. 7. During the course of their statements under Section 313 of CR.P.C. accused have denied the incriminating evidence led by the prosecution. 8. Accused have not led any oral or documentary evidence on their behalf. 9. Vide judgment on dated 12.08.2015, the trial Court convicted accused and sentenced them to pay fine Rs.1,000/- each and undergo imprisonment till the rising of the Court for the offences punishable under Section 420 , read with 149 IPC and Section 3(1)(ix) of SC & ST (POA) Act, r/w 149 of IPC . 10. Accused have not challenged their conviction and sentence. 11. However, State has come up with this appeal contending that after coming to a definite conclusion that the prosecution has proved its case beyond reasonable doubt, the trial Court committed error in not imposing punishment adequately. It is illegal and improper. The evidence placed on record clearly establish that the accused have secured false certificate as belonging to schedule caste and the same is cancelled by the Tahsildar as per Ex.P21. Admittedly, the accused have not challenged the same and it has reached finality. Thereby, the prosecution has proved that the accused have secured illegal benefit by obtaining false caste certificate and thereby deprived the genuine persons belonging to schedule caste from availing the said benefit. The punishment prescribed for the offence under Section 3(1) is imprisonment for a term which shall not be less than six months, but which may extend to 5 years and with fine. In view of the same, the trial Court has erred in sentencing accused Nos.1 to 6 to undergo imprisonment till the rising of the Court. The punishment imposed for the offence under Section 420 of IPC is also on the lower side, especially when accused had caused loss to the exchequer by securing loan of Rs.80,000/- and other benefits. Viewed from any angle, the impugned order imposing inadequate punishment is not sustainable and hence the appeal. 12. On the other hand, learned counsel appearing for accused Nos.1 to 6 supported the order imposing punishment for a period less than the minimum prescribed and sought for dismissal of the appeal. 13. Heard arguments and perused the record. 14. Viewed from any angle, the impugned order imposing inadequate punishment is not sustainable and hence the appeal. 12. On the other hand, learned counsel appearing for accused Nos.1 to 6 supported the order imposing punishment for a period less than the minimum prescribed and sought for dismissal of the appeal. 13. Heard arguments and perused the record. 14. It is the specific case of the prosecution that accused Nos.1 to 6 belong to Medar community, which comes under category-I, but they secured caste certificate as belonging to Hindu Medha, which comes under schedule caste, with an intention to secure benefits available to the person belonging to schedule caste and thereby deprived the genuine contender from taking the said benefit. So far as accused No.2 is concerned during 2007, she contested election from Division-12 for the Town Municipal election for the post which was reserved for schedule caste woman. Further accused No.6 secured loan of Rs.80,000/- from the Karnataka Vikas Grameen Bank, Konankeri of Shiggaon Taluk Panchayath, which was meant for persons belonging to schedule caste and thereby not only deprived the genuine person from taking the said loan but also cheated the Government. 15. At the outset, it is relevant to note that accused Nos.1, 3, 4 and 6 are the children of accused No.5 Yallappa Baramappa Myadar Alias Doddamani. Accused No.2 is the wife of accused No.1. 16. At the relevant point of time, PW-1 B Anjaneya Shetty was working as Tahsildar, Shiggaon. His evidence reveal that on 18.07.2007, the members belonging to Valmiki Hithasakti Sangha, held a protest in front of his office alleging that the accused persons have secured false caste certificate as belonging to schedule caste, though they come under Category-I. After the said protest, he verified the office records and filed complaint as per Ex.P1. He has stated that in the school records, the caste of accused persons are noted as Medar . They have removed the word alphabet and made it Medha and on that basis secured false caste certificate as per Ex.P2 to 7. The previous Tahsildar had issued the caste certificate based on the documents furnished by the accused persons. 17. PW-1 has deposed that he has furnished the records after certifying them. Ex.P8 to 13 are the original applications given by the accused persons, wherein they have shown their caste as Medha . The previous Tahsildar had issued the caste certificate based on the documents furnished by the accused persons. 17. PW-1 has deposed that he has furnished the records after certifying them. Ex.P8 to 13 are the original applications given by the accused persons, wherein they have shown their caste as Medha . Ex.P14 is the covering letter through which PW-1 has furnished documents to the investigating officer. Ex.P15 is the letter written to the investigating officer by him stating that the accused No.1 owning agricultural land and also engaged in preparing bamboo baskets and other articles. He belongs to Medar community and follow the religious rituals of Lingavantha. In the records, their caste is noted as Medar . Ex.P16 is the letter issued by PW-1 stating that accused persons belong Medar community which comes under Category-I. Similarly, the evidence of PW-1 prove the fact that Ex.P18 to 20 are the school documents of accused No.6. Though in the school records, his caste is noted as Medar , he has secured false caste certificate claiming to be belonging to Hindu Medha 18. Ex.P8 to 13 are the applications given by the accused for securing caste certificate, Ex.P2 to 7 are the certificates issued to them. Ex.P14 is the report regarding accused No.2 having contested election for the post reserved for schedule caste candidate. Ex.P15 is the report dated 05.12.2008 issued by the Tahsildar. Ex.P16 is the report dated 29.12.2008 issued by the Tahsildar, Shiggaon regarding the caste of accused persons. Ex.P21 is the order passed by the Tahsildar cancelling the caste certificate of the accused persons. 19. PW-4 Eshwargowda Gurunagowdra is the headmaster of primary school, Chandapura. He has issued the caste certificate of accused No.1 Parshuram as per Ex.P8, accused No.3 Mohan as per Ex.P23, accused No.4 Savita as per Ex.P24 and accused No.6 Kumar as per Ex.P20. Similarly, PW-5 Mallappa Channagiri is the Headmaster of Government High School, Chandapura. He has issued the transfer certificate of accused No.1 as per Ex.P25, and Ex.P26 and 27 are the Caste certificates of relatives of accused No.1 by name Ganesha Doddamani and Honnappa Doddamani. 20. PW-6 Ramesh Savanur has produced the caste certificate of accused No.5 as per Ex.P29. Similarly, PW-5 Mallappa Channagiri is the Headmaster of Government High School, Chandapura. He has issued the transfer certificate of accused No.1 as per Ex.P25, and Ex.P26 and 27 are the Caste certificates of relatives of accused No.1 by name Ganesha Doddamani and Honnappa Doddamani. 20. PW-6 Ramesh Savanur has produced the caste certificate of accused No.5 as per Ex.P29. Similarly, PW-7 Shivanand S Kotagi, working as officer in Karnataka Vikas Grameena Bank has produced the documents pertaining to accused No.5 Yallappa Bharamappa Medar, which he had produced while securing loan of Rs.80,000/- under Swarna Jayanthi Grama Swarojagara Yojane meant for the members belonging to SC and ST community. PW-8 R Malatesh has produced the records pertaining accused No.5 regarding the benefits received by him as per Ex.P32. 21. Though during their cross-examination, PWs-7 and 8 have admitted that the said loan is available even to other caste persons, PW-8 has specifically deposed that for persons belonging to SC and ST 50% subsidy is available. Similarly, the evidence of PW-9 Nagesh P, who is working as Deputy Director, Office of Commissioner, Social Welfare Department establish the fact that the accused persons does not belong to schedule caste and he has issued letter as per Ex.P33. Similarly, PW-10 Prasanna H, is working as additional Deputy Commissioner, Uttara Kannada District. At the request of the Tahasildar, he has issued Exs.P34 and 35 which are the letters addressed to the investigating officer and Deputy Commissioner of Haveri regarding the intimation received by the Tahsildar to the effect that the caste certificate of accused are cancelled and that they belongs to Medar caste. 22. PW-12, Prashant Nayak has conducted initial investigation by registering the case. He has visited the spot and drawn the Mahazar. He has collected Ex.P2 to 8. Accused have secured anticipatory bail and appeared before him and he has released them on bail. PW-11 Ramappa Bajammannavar has conducted further investigation. He has collected Exs.P15, 16, 36. He has recorded statements of CWs-4 to 7 and handed over further investigation to PW-13. The evidence of PW-13, who is the investigating officer and who has conducted further investigation and filed a charge sheet reveals that in the school records of accused No.5 Yallappa, his caste is noted as Hindu Medar. Similarly, the caste certificate of Balappa and Gangadhar, who are relatives of accused No.5 reveal that they belong to Hindu Medar. The evidence of PW-13, who is the investigating officer and who has conducted further investigation and filed a charge sheet reveals that in the school records of accused No.5 Yallappa, his caste is noted as Hindu Medar. Similarly, the caste certificate of Balappa and Gangadhar, who are relatives of accused No.5 reveal that they belong to Hindu Medar. After conducting detailed investigation, it was found that the accused persons belong to Hindu Medar, which comes under Category-I. For the purpose of securing the benefits meant for people belonging to Medha, which comes under schedule caste, the accused persons have secured false caste certificate. Utilizing the same, accused No.2 has contested the election from Division- 12 of municipality for the post, which is reserved for schedule caste candidate. Similarly, using the false case certificate, accused No.5 has availed loan of Rs.80,000/- under Swarna Jayanthi Grama Swarojagara Yojane from Karnataka Vikas Grameena Bank Konankeri, which is meant for persons belonging to schedule caste and for which 50% subsidy was available. 23. The cross-examination of prosecution witnesses clearly indicates that the accused have not taken any specific defence. Except suggesting that for ascertaining the caste of any person, specified procedure is available and required to be followed. After their caste certificate was cancelled by PW-1, the accused have not challenged the same claiming that they belong to Medha caste which comes under schedule caste. The evidence placed on record by the prosecution establish that even though accused persons belongs to Hindu Medar caste, which comes under Category-I, they have taken false caste certificate as belonging to Medha, which comes under schedule caste with the intention of securing the benefits available for the persons belonging to the said caste. 24. In fact, accused No.2 has used the false certificate for contesting election to the Shiggaon Municipal Council for the post reserved for schedule caste. Accused No.5 has availed loan under Swarna Jayanthi Grama Swarojagara Yojane claiming to be person belonging to schedule caste. Though the said loan is also available to others, for people belonging to Schedule Caste and Schedule Tribe 50% subsidy available. The trial Court on meticulous examination of the entire evidence placed on record rightly held that accused have committed the offence punishable under Section 420 of IPC and Section 3(1)(ix) of SC/ST (POA) Act. 25. Though the said loan is also available to others, for people belonging to Schedule Caste and Schedule Tribe 50% subsidy available. The trial Court on meticulous examination of the entire evidence placed on record rightly held that accused have committed the offence punishable under Section 420 of IPC and Section 3(1)(ix) of SC/ST (POA) Act. 25. In fact, the accused have not challenged the judgment and order passed by the trial Court. 26. However, the grievance of the State is that while imposing the punishment for the offence under Section 3(1)(ix) of SC/ST (POA) Act., the trial Court has erred in not imposing minimum sentence. It is pertinent to note that for both offences punishable under Section 420 of IPC and Section 3(1)(ix) of SC/ST (POA) Act, the trial Court has sentenced the accused to undergo imprisonment till the rising of the Court and pay fine of Rs.1,000/- each. 27. The punishment prescribed for the offence under Section 420 IPC is imprisonment of either description for a term which may extend to seven years and also be liable to fine. Therefore, discretion is given to the Court in the matter of imposing punishment for this offence. However, the punishment prescribed for the offence under Section 3(1) (ix) is imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine. In other words minimum punishment is prescribed for this offence. In fact in State of Madhya Pradesh Vs. Vikram Das ( Vikram Das ), (2019) 4 SCC 125 and Patan Jamal Vali Vs. State of Andhra Pradesh ( Patan Jamal ), AIR 2021 SC 2190 the Hon'ble Supreme Court held that when statute prescribes minimum sentence, no discretion is left with the Courts to reduce the sentence below minimum. In the light of the same, the trial Court has erred in reducing the sentence below minimum, by directing the accused to undergo imprisonment till the rising of the Court. It is contrary to the statute and impermissible. Therefore, the order of the trial Court so far as the punishment is concerned is liable to be interfered with and accordingly, the following: ORDER (i) Appeal filed by the appellant/State under Section 377 of CR.P.C. is allowed. It is contrary to the statute and impermissible. Therefore, the order of the trial Court so far as the punishment is concerned is liable to be interfered with and accordingly, the following: ORDER (i) Appeal filed by the appellant/State under Section 377 of CR.P.C. is allowed. (ii) The impugned order imposing sentence of imprisonment till the rising of the Court is modified and accused Nos.1 to 6 are sentenced to undergo simple imprisonment for six months for the offence punishable under Section 3(1)(ix) of SC/ST (POA) Act r/w Section 149 of IPC . (iii) The rest of the impugned judgment and order are confirmed. (iv) The trial Court is directed to take steps to execute the sentence against accused Nos.1 to 6. (v) The Registry is directed to send a copy of this judgment to the trial Court through e- mail. (vi) The Registry is directed to send back the trial Court records along with copy of this judgment forthwith.