Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - There is no utterances in the statements of any of PWs that deceased was subjected to beating only because he was a member of Scheduled Tribe community - Merely because complainant/deceased belonged to ST would not be a reason to straightway..........
Indian Penal Code, 1860, Section 323, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va), 3(1)(r)(s) -- Offence u/s 323 and Ss.3(2)(va), 3(1)(r)(s) of SC/ST Act - Allegation that accused assaulted PW2 with axe and also abused him with castiest remarks - Alleged eye witness PW4, not supported prosecution story and turned hostile -..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 323, 504, IPC and S.3(1)(x) of SC/ST Act - Delay of 7 days in lodging FIR not explained by prosecution - Nature of superficial injuries on the mother of first informant, which were opined to be one week old, not produced in..........
Criminal Procedure Code, 1973, Section 154, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 -- Power of police to investigate - Offence under SC/ST Act - State Govt. issuing notification in exercise of power u/s 97 of the Act conferring power of..........
Criminal Procedure Code, 1973, Section 154, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 -- Power of State Government - Offence under SC/ST Act - State Government has power to confer power of investigation to any officer of State other than police..........
Criminal Procedure Code, 1973, Section 460, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2) -- Irregularities which do not vitiate proceedings - Cognizance of offence under SC/ST Act taken u/ss 190(a) or 190(b) Cr.P.C. by any other Court than the Special Court or Exclusive Special Court even after Amendment Act of 2016, shall not..........
Indian Penal Code, 1860, Section 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Offence u/s 504 IPC and S.3(i)(x) of SC/ST Act - Appeal against acquittal - Leave to appeal - Fact of calling the first informant and his brother with caste name at public place not proved - Specific words, allegedly uttered during incident..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 323, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)X, 3(2), 4 -- Quashing of summoning order - Offence u/ss 147, 148, 149, 323 IPC, Ss.3(1)X, 3(2), 4 of SC/ST Act - Allegation that petitioners came on the spot and started firing and gave..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7(1) -- Offence u/s 3(1)(x) of SC&ST Act - Investigation - As per Rules, only specified DSP can investigate an offence under the Act - Investigation done by any officer below that rank and not..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7(1) -- Offence u/s 3(1)(x) of SC&ST Act - Investigation - Violation/contravention of R.7 of the Rules - Entail an investigation illegal which shall vitiate trial...........
