Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/s 3(1)(xi) of SC/ST Act - Offence was not committed by accused with the intention that he was doing so upon a person belonging to SC/ST - Conviction and sentence set aside - Accused acquitted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence under SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under SC/ST Act, particularly, when offences alleged to have been committed under the Act are prima facie not made out...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - No whisper of allegation against accused by victim much less of commission of offence u/s 3 of SC/ST Act - Anticipatory bail granted to..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - Main offence u/ss 376, 493 IPC not attracted - Accused cannot be convicted u/s 3(2)(v) of SC/ST Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) - No allegation that offence under IPC punishable with imprisonment of 10 years or more was committed by an accused of upper caste upon a person belonging to SC community with the knowledge that such person belonged to said community - Prima facie ingredients..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/s 3(2)(va) of the Act - Mere knowledge of accused that victim being a person belonging to SC/ST community is not enough to implicate him - What is necessary is that offended words must have been used by accused against victim with intent to humiliate her because she..........
Protection of Children from Sexual Offences Act, 2012, Section 28(2), Indian Penal Code, 1860, Section 354, 354A, 451, 506(iii), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 354, 354A, 451, 506(iii) IPC and S.3(2)(va) of SC/ST Act - Two offences occurred within a gap of half an hour and at the same place -..........
