Showing : 21-30 of 118 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Constitution of India, 1950, Article 142-- Offence u/s 3(1)(xi) of SC & ST Act - Quantum of sentence - Trial Court convicted and sentenced accused to undergo R.I. for 6 months with fine of Rs.500/-, however, High Court sentenced accused to period already undergone by him and enhanced fine from Rs.500 to Rs.3000/- - High Court cannot award..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482-- Transfer of investigation - Offence u/s 376 IPC and S.10(3) SC & ST Act - It is apparent that all is not well with investigations and there is strong element of suspicion lurking before Court that there is all out effort to stifle due process of law for politically motivated cause to attain..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5)-- Summoning of additional accused - Offence u/ss 306, 120-B IPC and S.3(2)(5) of SC/ST Act - Allegation that petitioners were having relations with wife of deceased - However, there is no witness who has seen petitioners visiting wife of deceased - Even there is no mobile details which point out..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not maintainable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-- Cognizance of offence - Magistrate had no jurisdiction to take cognizance of offence under SC/ST Act in view of amendment Act 2015 - Only Special Court established u/s 14(1) of the Act shall have power to directly take cognizance under the SC/ST Act...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(v)(x)(xiv)-- Offence u/s 3(v)(x)(xiv) of SC/ST Act - Strained relations between parties on account of dispute relating to path which originated in the year 2003 - Complaint filed by complainants was highly suspected as dispute concerning path was already pending adjudication before civil Court - Contradictions..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482-- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came to know that accused had married some other woman - Prosecutrix had taken a conscious decision after active..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(1)(x)-- Offence u/ss 354, 448, 34 IPC and Ss.3(1)(xi), 3(1)(x) of SC/ST Act - Compounding of offence - Reduction of sentence - Affidavit filed by complainant shows that incident in question took place almost 9 years ago due to misunderstanding and spur of moment - Relation between parties now very cordial..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, 341, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi)-- Outraging modesty of woman - Accused allegedly stopped prosecutrix, caught hold her hand and demanded sex from her - Accused admitted the allegations in the meeting which was convened - Merely on the ground that prosecutrix was a member of ST accused cannot be convicted under SC/ST Act especially..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482-- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution arose incidentally and not as a natural consequence of real occurrence - More so, parties have entered into compromise..........

Showing : 21-30 of 118 Results