FARJAND ALI
Chail Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. allegations of caste-based discrimination leading to death. (Para 1 , 2) |
| 2. assessment of evidence for charge framing. (Para 3 , 5 , 6) |
| 3. arguments presented by the parties. (Para 4) |
| 4. outcome of the appeal and directions. (Para 8 , 9) |
JUDGMENT :
Farjand Ali, J.
By way of filing the instant Criminal Appeal, challenge has been challenge has been made to the order dated 04.02.2023 passed by the learned Special Judge, SC/ST Act (Prevention of Atrocities), Jalore in Sessions Case No.71/2022 whereby learned trial Judge has directed to frame charges against the appellant for the offences under Section 302 of the IPC and Sections 3(1)(r), 3(2)(v) of the SC/ST (Prevention of Atrocities Act) and Section 75 , 82(1) of the JUVENILE JUSTICE ACT .
2. Brief facts of the case are that on 13.08.2022, Kishore Kumar submitted a written report to the SHO concerned alleging therein that his nephew Indra Kumar who was studying in Class III, in Sarswati Vidhya Mandir and Chail Singh was posted as teacher therein. It is alleged that Chail Singh used to arrange two flasks of water pots among which, one was exclusively meant for use by the person of the upper class of society and another for
The court affirmed the conviction but modified the sentence to time already served, emphasizing reformative justice based on the elapsed time and personal circumstances of the appellants.
A conviction under the SC/ST Act requires conclusive proof of intentional insult based on caste; mere verbal disputes over monetary issues do not fulfill this requirement.
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.
Attempt to murder and extortion – No charge can be framed when foundational facts are not made out from facts and circumstances of case.
Procedural violations in criminal investigations can lead to the reversal of convictions under special laws protecting marginalized communities.
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