Back
N. J. JAMADAR
Ramrao Kashinath Rathod – Appellant
Versus
State Of Maharashtra, Through P. I. CBD Belapur Police Station, Navi Mumbai – Respondent
JUDGMENT
N. J. Jamadar, J. - This appeal under Section 14a of the Scheduled Caste and Scheduled Tribes (Prevention of atrocities) act, 1989 ('the SC and ST act') is directed against an order dated 24th February, 2022, in Criminal appeal No.526 of 2022, whereby the learned Special Judge, Thane, was persuaded to reject the application of the applicant accused for pre-arrest bail in connection with CR No.19 of 2002 registered with CBD Belapur Police Station, Thane, for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the SC and ST act.
2. admit.
3. Heard finally.
4. The indictment against the appellant accused is that the appellant had known the prosecutrix, who is a member of the scheduled caste, as the appellant had an occasion to interview the prosecutrix for the post of Tele-Caller with the Five Bridge Company, Belapur, Navi Mumbai. The prosecutrix was informed that she was not selected. However, the appellant tried to establish rapport with the prosecutrix and made advances towards her. The prosecutrix did not cave in to the advances of the appellant with ill motive.
5. In the month of January, 2022, the prosecutrix was offered appointment on the post of Tele-caller in Ne
The burden on the prosecution to establish that the accused does not belong to Scheduled Caste and Scheduled Tribe does not necessarily require the mention of the accused's caste in the FIR. The inte....
(1) Atrocities Act – mere reference to the caste or tribe of the victim – The use of the words, with reference to the caste of the victim, is required to be considered in the entire setting and conte....
Anticipatory bail not barred under SC/ST Act if FIR and video evidence do not prima facie disclose caste-based insult or abuse ingredients; court verifies electronic material without resolving factua....
Anticipatory bail can be granted despite statutory bars if allegations do not establish a prima facie case under the relevant act.
Section 18 bar on anticipatory bail under SC/ST Act applies only where prima facie offence of caste-based humiliation in public view established; absent specific allegations against family members, b....
For offences under the SC/ST Act, knowledge of the victim's caste and that the act occurred in public view are essential ingredients; neither was established in this case.
The statutory bar against anticipatory bail under the special legislation applies if a prima facie case exists. Knowledge of a victim's caste can be legally presumed based on acquaintance, and an inc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
