Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.397 r/w s.401 Revisional jurisdiction Exercise of Cr.P.c |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s.397 r/w s.401 – Revisional jurisdiction – Exercise of, scope– Discussed – In the instant case, the prosecution case was that the victim-deceased and the respondent were employees in the Central Bank – The deceased was subjected to harassment by the respondent which led to her committing suicide by consuming poison – Charges were framed against the respondent under s.306 IPC and s.3(2)(v)of SC & ST Act by the Special Judge – High Court discharged the respondent from charges on the ground that there was no evidence with regard to provocation, incitement or encouragement which led to commission of suicide by the deceased – On State’s appeal, held:High Court evidently ignored what had emerged during the course of the investigation – The material indicated that several complaints were filed by the deceased alleging harassment caused to her by the respondent – The last of them was filed a few days before she committed suicide – It was alleged that the respondent had taken a loan of Rs 5 lakhs through fraudulent means in the name of the deceased and an altercation took place between him and the deceased in that regard – Moreover, the respondent was alleged to have got the deceased evicted from a rented house as well as terminated her from employment at Central Bank – There was a dying declaration also to that effect – Sufficient material was on record to uphold the order framing charges by the Special Judge –Therefore, discharge of the accused was not justified – High Court’s order set aside – Penal Code, 1860 – s.306 – The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Acts, 1989 –s.3(2)(v). |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 360 |
Petitioner | The State Of Madhya Pradesh |
Respondent | Deepak |
SCR | [2019] 2 S.C.R. 1055 |
Judgement Date | 2019-03-13 |
Case Number | 485 |
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