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Headnote |
Judgement |
| SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT |
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| SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT |
IPC — S 294 — SCST Act — S 3(1) (x) — Conviction under — Abuses hurled by the accused —Not asserted by the the complainant the accused referred to the caste or tribe of the complainant — though asserted by other witnesses— Offence u/s 3(1) (x) not made out — set aside — conviction u/s 294 maintained. (Para 7 & 8) |
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| SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT |
CrPC — 438 — IPC — Ss 114, 306, 506 & 506(2) — SCST Act — Ss 3(2)(v), 3(2)(va), 14(a)(2), 18(a), 18(a)(2) — Civil dispute between the parties — Dispute settled— first offence — no criminal antecedents— doubt as to the ingredients of the offence under the Atrocity Act— no prima facie case under the Atrocity Act — power u/s 438 is available — appeal allowed— Bail granted. (Para 10) |
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| SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT |
IPC — S 302 —SCST Act — S 14(A)(2), 3(1)(r)(m), 3(2)(v), 3(2)(va) — Regular Bail —Death due to head injury— suspicious regarding illicit relation with the wife of the accused—heat of moment — Bail granted. (Para 10) |
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| SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT |
SCST Act — S 14(A) & 3(2)(v), 3(1) (w) — IPC —376 & 506(2) — Regular bail — Love affair between the victim & the accused —victim has written love letters to the appellant— young age of accused — charge-sheet filed—no likelihood that the appellant will not be available during the course of trial— Bail granted. (Para 9) |
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| SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT |
SCST Act — S 18-A — Amendment in Atrocity Act — Intention of Legislation — Statement of objects & reasons— Section 18(A) inserted only with a view counter to the directions issued by the Supreme Court in Dr. Subhash Kashinath Mahajan Vs. The State of Maharashtra — there is no object & reason given for nullifying those observations that — i) Proceedings in the present case are clear abuse of process of court & ii) There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide — no absolute bar against grant of anticipatory bail in cases under the Atrocity Act. (Para 9.2 & 9.4) |
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