Indian Penal Code, 1860, Section 323, 342, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(da), 3(1)(dha), 3(2)(ka) -- Offence u/ss 323, 342, 504, 506 IPC and Ss. 3(1)(da), 3(1)(dha), 3(2)(ka) of SC/ST Act - Summoning of accused - Offence took place at a public road in day time in the presence of several persons and..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Prosecutrix is a major lady aged about 21 years and undisputably she continued to have physical relationship with appellant at least for about one year - She admittedly passed B.Sc, so she is intelligent enough to understand the significance and consequences of moral or immoral quality of act which she was consenting to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 511, 343, 419, 506, 120B, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va) -- Anticipatory bail - Offence u/ss 307, 511, 343, 419, 506, 120B, 34 IPC and Ss.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - There is only one alleged..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of SC/ST Act - To attract liability u/s 3(1)(r) of the Act, accused must intentionally insult or intimidate to humiliate a member of Scheduled Caste or Scheduled Tribes - Not every intentional insult will result in caste-based humiliation - Therefore,..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 504 IPC - No allegation that applicant abused informant by using casteist words - Ingredients of an offence under SC/ST Act not made out - But there is an allegation that..........
Indian Penal Code, 1860, Section 448, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 448, 34 IPC, S.3(1)(x) of SC/ST Act - Animosity between A-1 and informant - Incident in itself is doubtful - Allegations are omnibus - Informant has taken advantage of his caste and involved four accused in the serious crime..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15(A) -- Right of victim - Notice u/s 15-A of SC/ST Act is mandatory in nature - However, presence of victim during course of proceedings is not mandatory...........
Criminal Procedure Code, 1973, Section 439(2), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15(A) -- Cancellation of bail - Non-compliance of provision of S.15-A of SC/ST Act - Victim was informed about filing of bail applications of both the accused respectively and thereafter bail applications of accused persons were decided - There..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A -- Bail - Directions issued that all I.Os/Station House Officers of all Police Stations in all Bail applications (criminal Appeals) which are submitted under SC/ST Act or offences, which have occurred before enforcement of BNSS, whenever Court..........
Service -- Compassionate appointment - Lower courts directed the appellant to appoint respondent on the basis of decision given by SC in Canara Bank v M Mahesh Kumar - However, the lower appellate court failed to consider the criteria of stability while directing the appointment of respondent - Decision of lower courts set aside, with direction to appellant to pay Rs. 2.5..........
