Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(iii)(xi), 14 -- Offence u/s 3(1)(iii)(xi) of the Act is triable exclusively by Court of Session - Court of Session is empowered specifically u/s 14 of the Act cannot try cases committed to it as per warrant procedure though some offences under IPC are otherwise triable according to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Special remedy of filing of appeal u/s 14-A of the Act does not abrogate or extinguish right to move bail application u/s 439 Cr.P.C...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Not maintainable against order rejecting bail after expiry of 180 days - Remedy available is to file bail application u/s 439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(g), 354, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(2)(v), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape - Prosecutrix totally gave up allegations levelled against co-accused and was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Money dispute between parties - Several contradictions found in the evidence of PWs - Most of the PWs are relatives and neighbors of prosecutrix - None of person present at the site, has complained about sexual assault by accused upon..........
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 -..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 366, 376(2), 506(I), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2) -- Kidnapping and rape of 15 years old girl - Glaring inconsistencies found in statement of prosecutrix and her mother about occurrence of alleged incident, which has..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 18 -- Anticipatory bail - Offence u/s 3(1)(xi) of SCST Act - S.18 of SCST Act creates a bar for invoking S.438 Cr.P.C. - S.438 Cr.P.C., which is available to an accused in respect of offences under IPC, is not available in respect to..........
