Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5A) -- Offence u/s 3(2)(5-A) of the Act - Caste aspersions made against complainant surfaced for the first time after 28 days delay of incident in supplementary statement u/s 161 Cr.P.C - Whereas, in FIR as also in earlier statement recorded u/s 161 Cr.P.C, there was no reference of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(XI) -- Offence u/s 3(1)(XI) of SC/ST Act - Compromise - Where matter under SC/ST Act is compromised between parties, then victim is required to repay State any benefit reaped by victim, as per benevolent scheme of State to pay compensation to members of such community...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) - Rape victim - Accused were not aware of as to identity of victim - Offence in question thus, not committed on the ground that victim belongs to SC/ST community - Conviction and sentence set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 452, 506, 149 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 452, 506, 149 IPC - Accused forcibly entered into house of complainant and beaten him and uttered words naming his caste and also threatened to kill him - Offence..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(u), 3(1)(v) -- Quashing of FIR - Offence u/ss 3(1)(u), 3(1)(v) of SC/ST Act - Alleged speech made by accused does not show that there is any attempt made by accused to promote or attempt to promote enmity, hatred or ill will against members..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Evidence on record does not establish that offence of rape was committed on the ground that such person is a member of a SC or ST - Conviction and sentence u/s 3(2)(v) of the Act held, set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, Protection of Children from Sexual Offences Act, 2012, Section 28, 31 -- Trial of a case - Proceedings under SC/ST Act and under POCSO Act - Trial of a case instituted under said two special Acts shall be conducted by Special Courts constituted under POCSO Act...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Protection of Children from Sexual Offences Act, 2012, Section 28, 31 -- Order rejecting bail - Offences under SC/ST Act and under POCSO Act - Case involving trial of accused for offences under both SC/ST Act and POCSO Act shall be conducted..........
