Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) - Rape victim - Accused were not aware of as to identity of victim - Offence in question thus, not committed on the ground that victim belongs to SC/ST community - Conviction and sentence set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 452, 506, 149 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 452, 506, 149 IPC - Accused forcibly entered into house of complainant and beaten him and uttered words naming his caste and also threatened to kill him - Offence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Blind murder case - Case set up is basically on basis of disclosure statement - No recovery was made from accused - Accused is not involved in any other case - Statement of labourers who according..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(4), 3(15), 3(5) -- Sanction for prosecution - Cheating - Forgery - Official work assigned to accused fell within his domain of work - Role assigned to accused in the case is..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), 3(1)(v) -- Quashing of FIR - Offence u/ss 3(1)(u), 3(1)(v) of SC/ST Act - Alleged speech made by accused does not show that there is any attempt made by accused to promote or attempt to promote enmity, hatred or ill will against members..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Non-mentioning of fact in the report or statement to police that accused committed the offence on the ground that prosecutrix belonged to SC is not fatal to case of prosecution u/s 3(2)(v) of the Act, particularly when mother of prosecutrix is an..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Knowledge of accused regarding caste of prosecutrix and his acquaintance with her family, since village communities are tightly knit, by itself cannot be said to be basis of commission of offence, having regard to the language of Section 3(2)(v)..........
