Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)Da, 3(1)Dha, 3(1)(w), 3(2)(va) -- Offence u/ss 3(1)Da, 3(1)Dha, 3(1)(w), 3(2)(va) of SC/ST - No allegations either in FIR or in statement of victims u/s 161 Cr.P.C that accused had insulted them in public view by using caste specific words - Offence in question not made out against..........
Service -- Caste claim - Validity - Appellant claimed that she belongs to `Mana' Scheduled Tribe - Birth record of great grandfathers of appellant show the caste as `Mana' - Such pre-constitutional document of period as early as 1924 cannot be discarded - Though the Affinity test may be used to corroborate documentary evidence, it should not be sole criteria to reject the..........
Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Offence u/s 3(1)(xii) of SC/ST Act - Informant though not mentioned their caste in FIR - However, when accused had knowledge about caste of victim that she belongs to SC/ST, as he is residing in nearby vicinity and he has not taken defence that he was not aware of caste/tribe,..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(20, 3(2)(va), 18, 18A -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2), 3(2)(va), SC/ST Act - Relationship between accused and prosecutrix appears to be consensual and when it is consensual, there is no question of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - By taking caste name and utterances of abuse by taking name of one's caste would not be an offence u/s 3(1)(x) of SC/ST Act unless intention is to insult, intimidate the person being a SC or ST...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Informant was abused at a public place or may be within public view by taking his caste name - But it was a pure and simple abuse in a sudden outburst and on spur of moment without carrying requisite intention to insult, intimidate and to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - No independent witness examined who would depose that accused committed offence on the ground that injured belonged to a community covered under SC/ST Act - Court below only on the basis of caste, held that offence was deemed to be committed -..........
Service -- Termination - Cancellation of ST caste certificate - Respondent belongs to OBC category but he obtained a caste certificate showing him to be ST - However, as per clear findings of Caste Scrutiny Committee he does not belong to ST category and his ST caste certificate was cancelled by Committee and same remained unchallenged till date - Consequently, respondent..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(w) -- Offence u/ss 3(1)(r), 3(1)(s), 3(1)(w) of SC/ST Act - Allegation that accused abused complainant by using her caste name and outraged her modesty - However, incident occurred in the residential quarter of Medical Officer - Requirement of Ss.3(1)(r), 3(1)(s) are..........
