Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(10) -- Proceedings under SC/ST Act - Video recording - Even, a proceeding seeking registration of FIR would be covered by expression `any proceeding' used in Dr.Hema Suresh Ahuja case - Video recording hearing of Criminal Appeal allowed...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(f)(g) -- Quashing of FIR - Offence u/s 3(1)(f)(g) of SC/ST Act - Complainant and petitioners have compromised the matter inter se them - Offences alleged to have been committed by petitioners do not involve offences of moral turpitude or any..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(X)(XI) -- Offence u/s 3(1)(X)(XI) of SC/ST Act - Accused abused PW1 and PW3 in filthy language but without referring as to the caste of PW1 and PW3 - Offence u/s 3(1)(X)(XI) of the Act not made out - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Application u/s 482 Cr.P.C - Maintainability - Where statutory remedy of appeal u/s 14-A of SC/ST Act is available, inherent powers of Court u/s 482 Cr.P.C cannot be invoked - Application dismissed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(s) of SC/ST Act - Incident does not appear to happen in a public place or in a public view - Offence u/s 3(1)(s) of the Act thus, not attracted - Proceedings quashed...........
Indian Penal Code, 1860, Section 451, 354 -- Offence u/ss 451, 354 IPC - Charge u/s 354 IPC was not framed - However, offence u/s 354 IPC is lesser offence to the offence of S.3(1)(xi) of SC/ST Act, Court has to examine whether such lesser offence is made out against accused on the evidence available on record - Since prosecution proved that accused entered into the house..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 3(1)(r) of SC/ST Act - Offence is neither committed in public view nor committed at public place - No member of public was present at the time of incident - Provision of S.3(1)(r) of the Act not..........
