Showing : 31-40 of 98 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 323, 452, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi)-- Offence u/ss 323, 452, 506, 34 IPC and S.3(1)(xi) of SC/ST - It is not proved on record that accused persons used derogatory words against prosecutrix with intention to defame and insult her - It is also not proved on record that respondents were present at the time of commission of rape - Nothing..........
KERALA HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 3(1)(v)(x), (xiv), (xv)-- Special Court - Offence u/ss 3(1)(v) (x), (xiv), (xv) of SC/ST Act - When Special Court has power to take cognizance of offences directly without any committal as per S.14 proviso 2nd of SC/ST Act, Magistrate is not empowered to entertain such complaints relating to offences triable by special..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 354, 452, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Offence u/ss 354, 452 IPC and Ss.7, 8 of POCSO Act - Alleged offences under which accused is implicated is not punishable with more than 10 years - Thus, S.3(2)(v) of SC/ST Act does not apply...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A-- Special Judge - Order passed by Special Judge while deciding regular criminal appeal in the capacity of a Sessions Judge in a case involving offence under IPC - Cannot be construed to be an order passed under any of provisions of SC/ST Act so as to require filing of an appeal u/s 14-A of the Act..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 294, 326, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Sanction for prosecution - Offence u/ss 294, 326, 34 IPC and S.3(1)(x) of SC/ST Act - Petitioners being warden of jail were performing their official duties when complainant was found in restricted zone of jail - Act complained of due to which offence is stated to have been committed appears to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already released on bail - Accused in custody for about 2 years - Appeal filed before High Court is not likely to be heard on an immediate date - Bail granted to..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Offence u/s 3(2)(v) of the Act - No evidence on record that prosecutrix was victimized of the offence of rape since she belongs to SC/ST community - Offence u/s 3(2)(v) of the Act not applicable, as said offence is not independent offence and is always read with substantive offence under IPC -..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s)-- Offence u/s 3(1)(r), (s) of SC/ST Act - Quashing of FIR - Incident occurred in the premises of office - Alleged offence can be made out only if person is insulted in public view - Thus, charges u/s 3(1)(r), (s) of the Act quashed...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(w)-- Offence u/s 3(1)(d)(w) of the Act - No evidence on record that accused/female offender garlanded with footwear or paraded naked or semi naked a member of SC or a ST - Even nowhere it is alleged that accused intentionally touched a woman victim belonging to SC or ST knowing that she belongs to SC..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va), 3(1)(r)(s)-- Offence u/s 323 and Ss.3(2)(va), 3(1)(r)(s) of SC/ST Act - Allegation that accused assaulted PW2 with axe and also abused him with castiest remarks - Alleged eye witness PW4, not supported prosecution story and turned hostile - Statement of PW2 regarding injuries not supported by medical evidence..........

Showing : 31-40 of 98 Results