Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Prevention of atrocities - Anticipatory bail - In view of allegations made in the FIR as also statement of witnesses recorded during investigation it cannot be said that ingredients of offence under the Act of 1989 are absent - Held,..........
Criminal Procedure Code, 1973, Section 218 -- Framing of joint charges - Duty of court - Held, Court has to consider the travails and tribulations that victim and other witnesses might face if trial is held separately, as prayed for by petitioners - Prosecution is also likely to examine several female students who are studying under the petitioners in order to bring home..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(iv), 3(1)(v), Criminal Procedure Code, 1973, Section 428 -- Complaint u/s 3(1)(iv) & (v) of SCST Act - Allegations in complaint that part of the land out of surplus area of he village was allotted to Respondent No.2 complainant for a consideration and the first instalment was deposited..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused not disclosed in FIR - In no case the police officer can register an offence if caste of complainant or accused is not mentioned in the complaint...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- FIR lodged for offence committed under SCST Act - Quashing of FIR - FIR should not only disclose the caste of the complainant but it must also disclose the caste of the accused - Caste of accused not disclosed - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused not disclosed in FIR - Contention that when caste of complainant is disclosed and it is alleged that he was abused on the basis of the caste, he is the person who does not belong to Scheduled Caste - Held, such an inference cannot be drawn - Caste of accused not..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused - From name of a person inference of caste cannot be drawn - Surnames at times are deceptive as such surname cannot be a guide to find caste of a person - Caste of accused not disclosed in FIR - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Offence under SCST Act took place inside a cabin - To constitute an offence under the Act incident of insult or intimidation has to occur in place accessible to and in the presence of the public - Cabin where offence took place not..........
Indian Penal Code, 1860, Section 376, 447, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii), Criminal Procedure Code, 1973, Section 154 -- Appeal against acquittal of offence u/ss 376, 447 IPC and S.3(1)(xii) SCST Act - Delay of more than 24 hours in lodging FIR - No satisfactory explanation - Prosecutrix stating that she was on..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 - - Bail - Juvenile - Offence under SCST Act - Juvenile is entitled to anticipatory bail u/s S.12 of Juvenile Act - Provision of S.12 of Juvenile Act has overriding effect..........
