Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - No independent witness examined who would depose that accused committed offence on the ground that injured belonged to a community covered under SC/ST Act - Court below only on the basis of caste, held that offence was deemed to be committed -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application by Sessions Court - Appeal lies against such an order - Petition seeking anticipatory bail from High Court not maintainable...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(w) -- Offence u/ss 3(1)(r), 3(1)(s), 3(1)(w) of SC/ST Act - Allegation that accused abused complainant by using her caste name and outraged her modesty - However, incident occurred in the residential quarter of Medical Officer - Requirement of Ss.3(1)(r), 3(1)(s) are..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Judgment, sentence or orders passed by Special Court under provisions of SC/ST Act are all appealable and appeal shall lie before High Court both for facts as well as law...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Appeal u/s 14-A is maintainable against orders passed by Special Court except against interlocutory orders...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Order taking cognizance and issuing summons to accused is not clearly an interlocutory order but an intermediate order - Said order is thus, appealable u/s 14-A(1) of the Act...........
Indian Penal Code, 1860, Section 302, 201, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Two extra judicial confessions - Acquittal of some co-accused but conviction of appellant - If such week piece of evidence of co-accused was not duly proved or found trustworthy for holding other co-accused guilty of committing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Compromise - Quashing of proceedings - When the informant without any compulsion entered into compromise and wishes to drop criminal proceedings against accused, then overriding..........
