IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
Xxxx – Appellant
Versus
State Of NCT Of Delhi – Respondent
JUDGMENT :
AMIT SHARMA, J.
1. The present appeal under Section 14A (1) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, “SC/ST Act”) has been filed by the victim/complainant (hereinafter referred to as “appellant”) seeking the following prayers: -
“In view of the circumstances mentioned hereinabove it is most respectfully prayed that this Hon’ble Court may graciously be pleased to :
i) Allow the appeal and set aside order dated 07.09.2024 passed by the learned Additional Sessions Judge-02, South District, Saket Courts, New Delhi which is the Special Court, SC/ST Act to the extent of discharging the respondent nos. 2 and 3 herein, and direct the learned Special Court (SC/ST Act) to frame charge against the respondent no. 2 for the offences under sections 3( 1) (r), 3(1)(q), 3(l)(s), 3(1)(w), 3(1)(za)(E), 3(2)(v), 3(2)(va), 3(2) (vi) and 3(2)(vii) of the SC/ST Act and under sections 354A and 506 of the IPC and against the respondent no. 3 for the offences punishable under sections 3(l)(r), 3(l)(za)(E), 3(2)(vi) and 3(2) (vii) of the SC/ST Act and section 506 of the IPC and against the respondent no. 4 for the offences punishable under sec
The court established that specific allegations under the SC/ST Act must be evident in initial complaints for charges to be actionable, and mere improvements in subsequent statements cannot justify f....
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....
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
Insults must be targeted at a victim's Scheduled Caste or Tribe status to constitute an offence under Section 3(1)(x) of the SC/ST Act.
The court ruled that allegations under the SC/ST Act and IPC were false and motivated by personal vendetta, emphasizing the need to prevent misuse of legal provisions.
The misuse of the S.C./S.T. Act for personal grievances is impermissible, and allegations must substantiate a prima facie case to avoid abuse of legal processes.
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
Every insult or intimidation for humiliation to a person would not amount to offence under Section 3(1)(x) of SC/ST Act unless such insult or intimidation is targeted at victim because of he being a ....
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