Showing : 41-50 of 99 Results

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..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/ss 323, 504, IPC and S.3(1)(x) of SC/ST Act - Delay of 7 days in lodging FIR not explained by prosecution - Nature of superficial injuries on the mother of first informant, which were opined to be one week old, not produced in evidence - None of independent witness or villager who..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7-- Power of police to investigate - Offence under SC/ST Act - State Govt. issuing notification in exercise of power u/s 97 of the Act conferring power of investigation on officers below the rank of D.S.P. - It is valid - Held, offence under SC/ST Act can be investigated by police officer below the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7-- Power of State Government - Offence under SC/ST Act - State Government has power to confer power of investigation to any officer of State other than police officer...........
PATNA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 460, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2)-- Irregularities which do not vitiate proceedings - Cognizance of offence under SC/ST Act taken u/ss 190(a) or 190(b) Cr.P.C. by any other Court than the Special Court or Exclusive Special Court even after Amendment Act of 2016, shall not vitiate the proceedings at all...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x)-- Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Appeal against acquittal - Leave to appeal - Fact of calling the first informant and his brother with caste name at public place not proved - Specific words, allegedly uttered during incident by accused or any of them not stated by PWs in their..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4-- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave beatings to women - Stones were pelted and petitioners used firearms and sharped edged weapons - However, neither any firearm..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 143, 341, 323, Criminal Procedure Code, 1973, Section 482-- Offence u/s 3(1)(x) of SC/ST Act and Ss.143, 341, 323 IPC - Quashing of FIR - Incident took place in the night at riverbed - Complainant himself stated that no other person witnessed the incident - It cannot be said that accused committed offence u/s 3(1)(x) of SC/ST Act or intentionally insulted..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Scope and object of SC/ST Act: (i) Act enlarges the scope of criminal liability by including several acts or omissions of atrocities which are not covered by IPC or Protection of Civil rights Act; (ii) Act provides protection to SC/STs for various atrocities affecting social disabilities,..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 352, 448, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)-- Offence u/ss 352, 448 IPC and S.3(1)(v) of SC/ST Act - Property dispute - Contradictions and discrepancies in daily diary of police, complaint and statement recorded u/s 161 Cr.P.C. - Only independent eye witness turned hostile - FIR lodged quite belatedly - Information given by complainant as..........

Showing : 41-50 of 99 Results