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Suresh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Kaushal Jayendra Thaker, J.
1. By way of this appeal, the appellant-Suresh has challenged the Judgment and order dated 23.7.2014 passed by court of Special Judge SC/ST Act, Agra in Sessions Trial No.150 of 2002, State Vs. Suresh arising out of Case Crime No.378 of 2000, under Sections 376, 506 of Indian Penal Code (for short 'IPC') and read with Section 3(2)(v) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 ( hereinafter referred to as 'S.C./S.T. Act, 1989'), Police Station Malpura, District Agra, whereby the accused-appellant was convicted under Section 376 IPC and sentenced to life imprisonment with fine of Rs.1,000/-, and in case of default of payment of fine, to undergo further imprisonment for six months; he was further convicted under Section 3(2)(v) of Scheduled Casts and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 and sentenced to imprisonment for life with fine of Rs.1,000/- and in case of default of payment of fine, to undergo further simple imprisonment for six months.
2. Brief facts of the present case are that on 1
Sentence should not be either excessively harsh or ridiculously low. While determining quantum of sentence, court should bear in mind the 'principle of proportionality'. Sentence should be based on f....
The court established that in cases of rape, the victim's consistent testimony can suffice for conviction, and that the prosecution must prove caste-based motivation for charges under the SC/ST Act, ....
When prosecutrix and her witnesses are silent on the factum of the incident occurring due to she being of caste, which falls within the purview of SC/ST Act, the conviction cannot be sustained.
Medical evidence should show some semblance of forcible intercourse, even if we go as per the version of the prosecutrix that the accused had gagged her mouth for ten minutes and had thrashed her on ....
(1) For maintaining conviction under Section 376 I.P.C., medical evidence has to be in conformity with oral testimony.(2) Remission/ commutation of sentence under Sections 433 and 434 of Cr.P.C. is i....
The main legal point established in the judgment is the requirement to establish necessary ingredients for the offence under Section 3(2)(v) of the SC/ST Act, including the commission of the offence ....
As per Section 3(1)(xii) of said Act, it must be proved that accused was in a position to dominate will of a woman belonging to a Scheduled Caste or Scheduled Tribe Community and uses that position t....
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