Bringing you the Best Analytical Legal News
“The law requires that for an allegation of malafide to be sustained, it must be pleaded with specificity and supported by material facts. In the absence of mens rea, or a demonstrable element of ill-intention, such a prayer cannot be entertained.”
Girraj Singh Malinga was charged for the major offences punishable under Section 307 IPC, amongst others, read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act. He was duly arrested, and bail was granted by the order dated 17-05-2022.
There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
A quick legal roundup to cover important stories from all High Courts this week.
In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.
“One cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.”
“The words used were not caste name nor there is allegation that the petitioners were known to the caste of the public servants, who had gone to remove the encroachments.”
In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
The Jharkhand High Court had earlier refused to stay proceedings against Sudhir Chaudhary.
“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
A person should behave with a sense of responsibility while communicating something to others and cannot justify the same through limited circulation.
The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
Allahabad High Court saidthat in absence of any specific exclusion, Exclusive Special Courts/Special Courts under SC/ST Act, 1989 may exercise powers to order FIR and investigation as per provisions of Cr PC to achieve object of the Act and ensure speedy justice.
It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act
Allahabad High Court: In an appeal against the judgment passed by Special Judge convicting the accused under Section 376 of
Allahabad high Court: In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the