Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Special Court while dealing with an application for anticipatory bail must first ascertain whether a prima facie case for an offence punishable under the Act is made out - If prima..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in an offence under SC/ST Act - Order granting or rejecting anticipatory bail is subject to appellate jurisdiction of High Court u/s 14-A of the Act...........
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..........
