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SUBODH ABHYANKAR
Alkesh – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Appellants have preferred this appeal under section 14A of the SC/ST (Prevention of Atrocities) Act, 1989 read with section 374 of Cr. P.C. against the order dated 14.10.2016 passed in SST No.20026/2016 whereby the learned Judge of the trial Court has framed the charges against the appellants under sections 147, 149, 294, 323, 506(2) of IPC and under section 3(2) (va) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter, ‘the SC/ST Act’).
2. The facts giving rise to the present appeal are that on 12.4.2016, a dispute took place between the appellants and the complainant Jagdish when they had gone to the well of Hukum Patel for immersing the Gangor Mata. In the FIR, it is alleged that there were several people of all the religion and the dispute started as the complainant Jagdish was got pushed by the appellant No.1 Alkesh in the crowd and as the complainant objected to the appellant No.1 Alkesh, he and other accused persons started beating him and when the other persons also came, they were also assaulted. Initially the case under sections 294, 323, 506 and 34 of the IPC was registered, however, on the basis of the statement recorded by the witness after more th
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.
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.
Procedural violations in criminal investigations can lead to the reversal of convictions under special laws protecting marginalized communities.
The burden on the prosecution to establish that the accused does not belong to Scheduled Caste and Scheduled Tribe does not necessarily require the mention of the accused's caste in the FIR. The inte....
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
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