JAGDISH SINGH KHEHAR, ADARSH KUMAR GOEL
Darshan Singh Saini – Appellant
Versus
Sohan Singh – Respondent
Certainly. Based on the provided legal document, here are the key points:
The relevant dates for calculating the limitation period under section 468 of the CrPC are the date of the incident and the date of filing the complaint. The date on which the court takes cognizance is not material for limitation purposes (!) (!) (!) .
Any court has the authority under section 216 of the CrPC to alter or add to charges at any time before the judgment is pronounced (!) (!) .
Prosecution under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act can only be maintained if the complainant belongs to an SC/ST and the accused belongs to an upper caste (!) (!) .
The incident in question occurred on 15.01.2008, and the complaint was filed on 24.01.2008. Since the complaint was filed within the limitation period, the limitation clause does not bar prosecution (!) (!) (!) .
The court clarified that the date of taking cognizance by the magistrate is not the relevant date for limitation calculations; rather, it is the date of filing the complaint or the institution of prosecution (!) (!) .
The appellant's contention that proceedings under certain sections should not have been initiated due to the lapse of limitation was rejected because the limitation period was calculated based on the date of the incident and the complaint, not the date of cognizance (!) (!) .
The court upheld the authority of the court to modify or add charges before judgment, which justified continuing proceedings despite the appellant's objections (!) (!) .
The appeal was dismissed, and the order of the lower court was upheld. The court also rejected the request to frame charges under specific acts due to the absence of evidence indicating the complainant's or the accused's caste status at the relevant time (!) .
Please let me know if you need further analysis or clarification.
Judgment
Jagdish Singh Khehar, J.
Criminal Appeal No. 1833/2011
The respondent Sohan Singh was an employee of the appellant-Darshan Singh Saini. According to Sohan Singh, he was engaged by the appellant in hotel Geetanjali Guest House, which the appellant owned at Baddi, in the State of Himachal Pradesh. Based on the services rendered by the respondent, certain emoluments which were due to the respondent, were allegedly not paid to Sohan Singh by the appellant. It was also asserted at the behest of the respondent, that on occasions, when he demanded the arrears of salary payable to him, he was threatened by Darshan Singh Saini, that in case the appellant ever set eyes on the respondent-Sohan Singh, he will be killed.
2. The respondent is stated to have made a complaint in respect of the threatening conduct of the appellant-Darshan Singh Saini (and his father-Beli Ram). On coming to know about the complaint made by the respondent, it is the assertion of Sohan Singh, that the appellant – Darshan Singh Saini, abused him in the name of his mother and sister on 15.1.2008, as also on account of the fact, that he belonged to the scheduled caste. Besides being abused, it was also sought to be
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.