Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of final report - Offence u/s 3(1)(xi) of SC/ST Act - Final report filed for offence u/s 3(1)(xi) of SC/ST Act after deleting S.354 IPC - Deleting a provision in IPC and substituting very same provision in special enactment..........
Indian Penal Code, 1860, Section 302, 452, 147, 148, 149, 506, Evidence Act, 1872, Section 8 -- Murder - Unlawful assembly - Circumstantial evidence - Motive - There was previous quarrel between accused no.4 and deceased and deceased slapped accused no.4 near a grocery shop in village, which is alleged to be motive for crime - However, prosecution not proved said fact by..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4), (4A) -- Compensation or other assistance to victim - There is no bar to compensation or other immediate relief being given to victim member of SC/ST as per provisions without any delay whatsoever - Even there is no dilution of any provision of SC/ST Act relating to compensation,..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 -- Offence u/s 3 of the Act - Investigation of offence u/s 3 of the Act not permissible by an officer below the rank of DSP as per R.7 of SC/ST Rules - Since investigation in the case was conducted by..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Complainant abused in the name of his caste - Complainant also assaulted by accused - This was not a case where bar u/s 18 of SC/ST Act overcome by accused - Ingredients of offence of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Special Court - Exclusive Special Court and Special Court shall exercise original jurisdiction to take cognizance of offence under SC/ST Act and proceed with trial of case not being hindered by S.193 Cr.P.C...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14 -- Special Court - Court of Session shall be notified as Special Court under the Act - Magistrate is not special Court within the meaning of S.14 of the Act, therefore, Magistrate has no jurisdiction to entertain and take cognizance of offence under the Act - Order of cognizance of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Offence under SC/ST Act - Directions issued for safeguards against arrest and false implications: (i) No absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie mala..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 -- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to..........
