Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, 3(2)(Va), Indian Penal Code, 1860, Section 323, 341 -- Anticipatory bail - Appeal against order rejecting application for anticipatory bail - Appeal u/s 14(1) of Act of 1989 is appealable - As offences in question are bailable, bail granted to accused in the facts and circumstances of..........
Indian Penal Code, 1860, Section 352, 448, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v) -- Offence u/ss 352, 448 IPC and S.3(1)(v) of SC/ST Act - Property dispute - Contradictions and discrepancies in daily diary of police, complaint and statement recorded u/s 161 Cr.P.C. - Only independent eye witness turned hostile - FIR..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468 -- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Intentional insult or intimidation with intent to humiliate a member of SC or a ST, made at any place within public view, is sine qua non for an offence u/s 3(1)(x) of SC/ST Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 352 -- Offence u/s 3(1)(x) of SC/ST Act and S.352 IPC - Incident occurred at public place - However, none of witnesses present there has stated that PW3 was intentionally humiliated or insulted - Charge u/s 3(1)(x) of SC/ST Act not proved against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses,..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Rape - Allegation that accused embraced prosecutrix, took her behind bushes and committed sexual intercourse - However, no alarm was raised by prosecutrix to seek help from other woman labourers who were working at distance of 60-70 steps -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 427, 504, 506 -- Offence u/s 3(1)(x) of SC/ST Act and Ss.323, 427, 504, 506 IPC - Quashing of proceedings - Neither there is any averment in FIR that applicants ever called opposite party no.2 by his caste name, nor any averment about..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), (x), (xi), 2(4), Indian Penal Code, 1860, Section 303, 354, 527, 447 -- Offence u/ss 3(1)(v),(x),(xi), 2(4) of SC/ST Act and Ss.303, 354, 527, 447 IPC - Order taking cognizance - Quashing of FIR - Caste of complainant is `Garuda' as SC, which is mentioned/enlisted in the..........
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(5), 3(1)(x), Indian Penal Code, 1860, Section 447 -- Utterance of caste derogatory words - Utterance that PW1 belongs to lower caste - PW1 did not state as to specific words uttered regarding caste - No allegation levelled that accused tried to dispossess - Contradiction in the..........
