Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Hurling abuses - Incident took place in two parts - In the first incident, no abuses were hurled by accused towards first informant - However, in the second part of incident, abuses were allegedly hurled towards closed doors of complainant's house by accused - First informant..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x) -- Offence u/s 3(i)(x) - To constitute an offence under this provision accused must have intentionally insulted or intimidated complainant at a place which was within public view...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(x), Indian Penal Code, 1860, Section 323, 341 -- Conviction - No explanation for delay in lodging FIR - PW7 was declared hostile - Accused was annoyed with complainant due to land dispute and pending mutation proceedings - Injury caused not on account of complainant belonging to lower..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(c), 305, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V), 3(2)(VI), Protection of Children from Sexual Offences Act, 2002, Section 5, 6, 21 -- Bail - Rape - Abetment of suicide - Petitioners being warden and principal of hostel/School have no part..........
, Section 3(2)(v) -- Atrocities - A person against whom an offence has been committed must belong to Scheduled Castes and Scheduled Tribes which is a sine qua non for application of S.3(2)(v) of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste derogatory language - Accused allegedly used derogatory language against complainant by taking the name of his caste while complainant was on his official duty - However, there are variations of words used by accused in the statement of eye witnesses, which are not minor..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 14 -- Offence u/s 3(1)(x) of the Act - Special Court constituted u/s 14 of the Act alone has power to take cognizance of offence under SC/ST Act - Magistrate has absolutely no jurisdiction to entertain and take cognizance of offence u/s 3(1)(x) of the Act...........
Indian Penal Code, 1860, Section 363, 366A, 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Age determination - Closure of evidence - Witness No.23 is material witness and essential for just decision of case - Impugned order set aside -..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of prosecutrix who belongs to Schedule Caste (SC) - No averments in FIR that incident happened with prosecutrix only for the reason that she happened to be SC - There is no imputation made against accused that they have committed any atrocities on prosecutrix being SC -..........
