Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(1)(va) -- Quashing of proceedings - Offence u/s 3(1)(v) & (va) of SC/ST Act - Private dispute between parties was going on with respect to illegal construction - No allegation in complaint that complainant is obstructed or interfered..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v), 3(i)(xii) -- Rape - In statement u/s 161 Cr.P.C. recorded on the date of incident victim did not allege commission of rape - However, victim developed a new story about..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - By taking caste name and utterances of abuse by taking name of one's caste would not be an offence u/s 3(1)(x) of SC/ST Act unless intention is to insult, intimidate the person being a SC or ST...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Informant was abused at a public place or may be within public view by taking his caste name - But it was a pure and simple abuse in a sudden outburst and on spur of moment without carrying requisite intention to insult, intimidate and to..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Quashing of proceedings - Proceedings cannot be quashed merely because informant turned hostile and does not support prosecution case, as demand and acceptance may be proved from other materials during trial connected to alleged trap and also by subjecting informant to examination in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or prosecution can..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the offer..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused/public servant u/ss 7, 13(1)(d)(i), (ii) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Law as to - Analysed...........
