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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG, J
Mohan Singh – Appellant
Versus
State of Rajasthan – Respondent
Order :
1.The instant criminal appeal under Section 14A(1) of SC/ST Act has been filed by the appellants challenging the order dated 20.06.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Special Sessions Case No.52/2024 only to the extent of framing of charge for offence under Section 3(2)(v)(va) of SC/ST Act.
2. Brief facts of the case are that on 25.01.2024, complainant/respondent No.2 submitted a written report to the Police alleging that on 24.01.2024, the accused persons including the appellants assaulted his husband Tej Singh and one Sonu Ganchi with deadly weapon. On the basis of the said report, Police registered the FIR and started investigation. On completion of investigation, Police filed charge-sheet against the appellants before the trial court for offences under Sections 341, 302, 34, 427 IPC and Section 3(2)(v)/3(2)(va) of SC/ST Act. The trial Judge, vide order dated 20.06.2024, directed to frame charges against the appellants for the offences under Section 341, 427/34, 302/34 IPC and Section 3(2)(v)(va) of SC/ST Act. Hence, this appeal to the extent of framing of charge under SC/ST Act.
3. Learned counsel for the appella
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....
(1) SC/ST Act is a transformative instrument, bridging gap between constitutional ideals and everyday realities, ensuring that SC/ST citizens can live as equal, dignified, and empowered members of so....
Procedural violations in criminal investigations can lead to the reversal of convictions under special laws protecting marginalized communities.
Cognizance under the SC/ST Act was quashed as the allegations arose from a land dispute, not atrocities as defined by the Act, while the cognizance for IPC offences was upheld based on prima facie ev....
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....
Offence of outraging modesty should be committed with intention that victim belonged to Scheduled Caste category.
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....
Criminal revision maintainable against charge framing order under SC/ST Act as intermediate; Sections 3(1)(f),(g) inapplicable without Scheduled Caste complainant's proven land ownership/possession, ....
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