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A. V. RAVINDRA BABU
Thota Lakshumaiah, S/o. Gangulaiah – Appellant
Versus
State – Respondent
JUDGMENT :
This Criminal Appeal, under Section 378(4) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’), is filed by the appellants, who are the accused Nos.1 and 2 in Special Sessions Case No.17 of 2008 on the file of the Court of Special Sessions Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Kadapa (for short, ‘the learned Special Judge’), questioning the judgment therein, dated 14.10.2009, where under the learned Special Judge found the appellants herein guilty of the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the SCs STs Act’) and accordingly convicted them under Section 235(2) Cr.P.C and, further after questioning them about the quantum of sentence, sentenced them to undergo Rigorous Imprisonment for a period of six months each and to pay a fine of Rs.500/- each in default to suffer Simple Imprisonment for one month each. Further, the learned Special Judge found the appellants not guilty of the charges under Section 3(1)(v) of the SCs and STs Act and Section 427 of the INDIAN PENAL CODE , 1860 (for short, ‘the IPC’), and ac
The main legal point established in the judgment is the importance of prompt lodging of reports to avoid embellishments and afterthoughts, as well as the need for a proper explanation for any delay i....
Prosecution must prove charges under the SCs & STs Act beyond reasonable doubt; unexplained delay in lodging FIR can undermine case credibility.
The central legal point established in the judgment is the requirement for credible evidence to prove charges under the SCs & STs Act. The court emphasized the importance of considering factors such ....
The importance of prompt lodging of FIR in criminal cases and the need for evidence to establish the presence of the public at the time of the offense to satisfy the criteria of 'public view' under S....
The central legal point established in the judgment is the requirement to prove charges beyond reasonable doubt and the importance of properly appreciating the evidence presented in a case.
The court confirmed the conviction under the SC/ST Act for caste-based assault, emphasizing the weight of corroborative evidence from the injured parties and proper explanation for the delay in filin....
Point of law : Murder /Attempt to Murder - Conviction set aside – Delay in filing FIR - unexplained delay in registering the F.I.R. and dispatching the same to the concerned Court, and suppressing tw....
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