Supreme Court of India
Shashikant Sharma & Ors. v. State of Uttar Pradesh & Anr.
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What the Court ordered
Resultantly, the impugned orders to the extent of charge framed against the accused appellants for the off ence punishable under Sections 3(2) (v) of the SC/ST Act and the order rejecting the appeal cannot be sustained and are hereby quashed and set aside.
Judgment, page 7
From the headnote
Issue for consideration: Whether the prima facie ingredients of the off ence punishable u/s. 3(2)(v) of the SC/ST Act were made out against the appellants. Penal Code, 1860 – ss.147, 148, 149, 307, 323, 504 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v) – Appellants, at the outset, conceded that so far as the off ences punishable under IPC are concerned, the prayer for discharge would require extensive evaluation of evidence and hence, challeng e to the order framing charges was given up – However, the ingredients of s.3(2) (v) of the SC/ST Act are not
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