Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 323 506 (2) rw s. 34 1860 - ss. 459 354 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860 - ss. 459, 354, 323, 506 (2) r/w s. 34 - Conviction under - Young woman, belonging to Scheduled Tribe beaten with fists and kicks, stripped naked and then paraded in naked condition on the road of the village by accused persons - Conviction u/ss. 452, 354, 323, 506 (2) r/w s. 34 and sentenced to RI for six months with imposition of fine; sentenced to RI for one year with a fine for the offence punishable u/s. 354134 and three months RI with a fine for the offence punishable u/s. 323134 - Accused also convicted and sentenced u/s. 3 of the SC/ST Act - High Court acquitting the accused for the offence u/s. 3 of the SC/ST Act, however, upholding conviction under the provisions of the /PC - As regards imposition of fine, each accused directed to pay fine of Rs. 50001- to the victim - On appeal held: There is no reason to disbelieve the statement of the victim though many witnesses turned hostile - Evidence of the victim corroborated by two prosecution witness - Medical certificate proved by doctor - Order passed by the High Court convicting the accused under various provisions of the IPC and fine imposed upheld, though sentence was too light considering the gravity of the offence - Instant case deserves total condemnation and harsh punishment - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - s. 3. |
Judge | Hon'ble Ms. Justice Gyan Sudha Misra Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 15 |
Petitioner | Kailas & Others |
Respondent | State Of Maharashtra Tr. Taluka P.s. |
SCR | [2011] 1 S.C.R. 94 |
Judgement Date | 2011-01-05 |
Case Number | 11 |
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