Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(2)(v) (Para 14):
- For an act to be considered an offence under this Act, it must involve an accused, not belonging to SC/ST, committing an offence under the IPC that is punishable with a term of 10 years or more, against an SC/ST member with the knowledge of them belonging to the SC/ST community.
- Primary allegation under the IPC was attempted murder (Section 307), based on a gunshot fired by the accused, which did not result in injury. The court found no evidence to suggest that the accused, belonging to an upper caste, committed this offence with the knowledge that the victim belonged to the Scheduled Caste community. Consequently, the proceedings were quashed.
- Criminal Trial and Framing of Charge (Criminal Procedure Code, 1973 – Section 173):
- Charges should only be framed if the evidence, as presented in the Investigating Officer’s report under Section 173 CrPC, clearly indicates the presence of all necessary ingredients of the alleged offence.
- If the prosecution’s admitted evidence does not establish these necessary ingredients, the court is not obligated to frame a charge for that offence against the accused.
- 2023 SCeJ 475, (2023-4)212 PLR 186 (SC),
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