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BIRENDRA KUMAR
Jakir Kha @ Jakir Hussein – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Heard the parties.
2. This is an appeal under Section 14-A of the SC/ST (Prevention of Atrocities) Act against order dated 04.05.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh in Criminal Miscellaneous Case No.16/2023, whereby the learned Special Judge has framed charges against the appellant for offence under Sections 307/149, 386/149 IPC and Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act.
3. Respondent No.2 was already served with notice, however, no one appears on his behalf.
4. Heard learned counsel for the appellant as well as learned Public Prosecutor.
5. Contention of the appellant is that a bare perusal of the FIR No.821 dated 10.12.2022 registered with Police Station Hanumangarh Junction, District Hanumangarh, which led to initiation of trial against the appellant would reveal that ingredients of offence under Section 307/149 or of offence under SC/ST (Prevention of Atrocities) Act are prima facie not made out.
6. Learned counsel contends that no other material was collected during investigation to substantiate prima facie case for proceeding with the trial against the appellant.
7. According to FIR, unknown
Attempt to murder and extortion – No charge can be framed when foundational facts are not made out from facts and circumstances of case.
For a charge under Section 3(2)(v)(va) of the SC/ST Act to be valid, there must be evidence that the accused knew the victim belonged to a Scheduled Caste or Tribe.
At stage of framing of charges, Court is not required to undertake meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge – Nevertheless, if necessary ingredients of....
No prima facie case for framing charges under IPC 307 absent life-endangering intention on non-vital injuries; SC/ST Act inapplicable sans public-heard caste slurs, corroboration, amid rivalry and FI....
The necessity of independent and impartial witnesses in cases under the SC/ST (Prevention of Atrocities) Act to substantiate claims of public humiliation and intimidation.
Procedural violations in criminal investigations can lead to the reversal of convictions under special laws protecting marginalized communities.
The judgment established the principle that for an offence under the SC/ST Act, insults or intimidations must be targeted at the victim because of their scheduled caste or tribe status, and the conte....
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