Supreme Court of India

Asharfi v. State of Uttar Pradesh

Neutral citation
Reported as [2017] 12 S.C.R. 128
Decided 8 December 2017

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the conviction of the appellant under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the sentence of life imprisonment imposed upon him are set aside and the appeal is partly allowed.

Judgment, page 6

From the headnote

Penal Code, 1860: s.376(2)(g), 450 and 323 - Conviction under - By courts below - Relying on evidence of prosecutrix, another witness and medical evidence - Accused sentenced to 10 years RI with fine - On appeal, held: There is no perversity with respect to conviction and sentence - Conviction affirmed. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: s.3(2)(v) (as prior to Amendment Act 1 of 2016) - Conviction under.:.. By courts below - On appeal, held: Unamended s. 3(2)(v) can be pressed into service only if it is proved that the offence under the provisions of

Where later benches applied it

Of those, 2 referred to

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