Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Protection of Children from Sexual Offences Act, 2012, Section 28, 31 -- Order rejecting bail - Offences under SC/ST Act and under POCSO Act - Case involving trial of accused for offences under both SC/ST Act and POCSO Act shall be conducted..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(g) -- Wrongful dispossession - Allegation that accused not only blocked the passage of complainant but they have also encroached upon land belonging to complainant by erecting boundary wall - However, there is no evidence on record that land came to be occupied by accused after..........
Indian Penal Code, 1860, Section 366, 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 439 -- Bail - Kidnapping and rape - Prosecutrix a major girl - She had eloped with accused number of times and both made physical relations - Prosecutrix visited several places with accused..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2), Criminal Procedure Code, 1973, Section 438 -- Appeal - Order rejecting anticipatory bail application by Special Court - Only remedy available for petitioner is to file an appeal u/s 14-A(2) of the Act, as existence of an order of Special Court is sine qua non for approaching High..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of proceedings - Offence u/ss 323, 341, 504 IPC and S.3(1)(D) of SC/ST Act - Compromise arrived at between parties - Dispute amicably settled by parties - Complainant has no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 308, 34, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(a), 3(2)(v) -- Bail - Murder - FIR registered in 2019 - Police completed investigation after approximately 1 year and 3 months - Trial of case is yet to start - Even charges have not..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(1)(xii) -- Offence u/ss 3(2)(v), 3(1)(xii) of SC/ST Act - Trial Court not discussed what is evidence that act of rape was committed because of caste of prosecutrix - Even from the statement of PWs, offence in question not proved - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 341, 143, 430, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(S), 3(2)(va) -- Anticipatory bail - Offence u/ss 323, 341, 143, 430 IPC and Ss.3(1)(S), 3(2)(va) of SC/ST Act - No averments in FIR that offence in question was committed considering..........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Testimony of child witness - Murder of four members of one family - PW5 is five years old son of deceased - Inconsistencies as regards whether PW5 witnessed the incident cannot be..........
