Showing : 81-90 of 119 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20-- Accused charged under both the enactments i.e POSCO Act and SC/ST Act - Appropriate Court to try the offence - Court designated u/s 28 of POSCO Act, as POSCO Act being beneficial to all and later in point of time would prevail over SC/ST Act - POSCO Act introduced no, obstante clause giving an..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)- - Offence u/s 3(2)(v) of Act - Prosecution has not led any evidence to prove the commission of offence u/s 3(2)(v) of SC/ST Act - Mere fact that prosecutrix happened to be a girl belonging to Scheduled Caste does not by itself attract the provisions of Act - There is no other evidence on record to..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii), 3(2)(v)-- Atrocities - Rape - Prosecutrix was not raped in order to humiliate her as a member of Scheduled Caste - Conviction u/s 3(2)(v) of Act cannot be sustained and set aside - Accused acquitted of the charges u/ss 3(1)(xii) & 3(2)(v) of SC/ST Act...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 323, 325, 147, 148, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x)-- Voluntary causing hurt and grievous hurt - Rioting - Appeal against acquittal - Leave to appeal - There are four injured and their medical reports were duly proved before Trial Court - Out of four injured prosecution examined only two injured ladies - Appellant belongs to `Gond' caste that`s why..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), 18-- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act - S.18 of SC/ST Act, creates a bar in invoking S.438 Cr.P.C. when allegations indicate abusing of complainant with caste name with intent to humiliate him - Anticipatory bail not maintainable - However, liberty is given to accused to move..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 18-- Anticipatory bail - Statutory bar u/s.18 of SC and ST Act - Applicability - In complaint it is alleged that incident took place outside house of complainant which appears to be a place within public view - Held, whether incident actually occurred at place alleged or at any other place outside..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 323, 504, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482-- Quashing of criminal proceedings - Accused persons alleged to have used caste remarks, caused insult to informant and threatened him with dire consequences - Offences punishable under IPC prima facie made out against accused persons - However, no ingredients of S.3(1)(x) of SC and ST Act were..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 468(3)-- Limitation - Complaint u/ss. 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Punishment provided under IPC for these offences is less than three years but in SC/ST Act is of five years - According to S.468 IPC if offence is punishable by..........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(i)(x)-- Anticipatory bail - Offence u/s.3(1)(x) of the Act of 1989 - Bar as to grant of anticipatory bail - Applicability - Specific averment in complaint that Petitioner No.1 gave beatings to complainant and called him `Khatikde' in presence of eye-witnesses - However, no charge against other two..........
KERALA HIGH COURT
Year of decision: 2013
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Indian Penal Code, 1860, Section 376-- Rape - Application of S.3(2)(v) - Victim is a member of SC and appellant is a member of Hindu-Thiyya community - But apart from stating that she is a member of SC there is no evidence to show that it is only because of racial difference accused is alleged to have committed crime - Held,..........

Showing : 81-90 of 119 Results