The State of Madhya Pradesh Vs. Vishnu Kumar

The State of Madhya Pradesh vs Vishnu Kumar

Type Court Judgment Court Madhya Pradesh Decided Jul 17, 2013

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https://sooperkanoon.com/case/1043245

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Citation: sooperkanoon.com/1043245
Court: Madhya Pradesh High Court
Decided On: Jul 17, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

The State of Madhya Pradesh

Respondent

Vishnu Kumar

Excerpt

.....s.k.kashyap, government advocate for the applicant- state. heard on i.a.no.16218/13, which is an application under section 5 of the limitation act for condonation of delay. as per office note, this appeal is time barred by 90 days. looking to the facts mentioned in the application, we are of the view that the same deserves to be allowed. accordingly, the application is allowed and the delay is condoned. heard on admission. this is an application for grant of leave to appeal under section 378(3) of the code of criminal procedure (“code”. for short) against the acquittal of respondent of the charge under section 3(2) (v) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as “the act”.).by the impugned judgment the special judge (under the act) at hoshangabad, in special case no.94/2012 has convicted the respondent under section 302 (on two counts) and section 397 of the ipc and sentenced accordingly. having regard to the arguments advanced by the learned government advocate, we have gone through the impugned judgment, whereby the respondent was acquitted of the charge under section 3(2)(v) of the act. it has been found by the learned trial court that offence of murder and robbery was not committed on the ground that the deceased persons belonged to scheduled caste or scheduled tribe. provisions of section 3(2)(v) of the act clearly says that the offence should be established by the prosecution to have been committed on the ground that the persons against whom the offence was committed were members of scheduled caste or scheduled tribe. it is not sufficient that the deceased person should be a member of either, but further it is required to be proved that the offence has been committed on the ground of victim being a member of scheduled caste or scheduled tribe. in absence of any such material, merely because the deceased happens to be of scheduled caste or scheduled tribe automatically, the.....

Full Judgment

Misc.

Criminal Case No.9163/2013 17.7.2013 Shri S.K.Kashyap, Government Advocate for the applicant- State.

Heard on I.A.No.16218/13, which is an application under Section 5 of the Limitation Act for condonation of delay.

As per office note, this appeal is time barred by 90 days.

Looking to the facts mentioned in the application, we are of the view that the same deserves to be allowed.

Accordingly, the application is allowed and the delay is condoned.

Heard on admission.

This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure (“Code”.

for short) against the acquittal of respondent of the charge under Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”.).By the impugned judgment the Special Judge (under the Act) at Hoshangabad, in Special Case No.94/2012 has convicted the respondent under Section 302 (on two counts) and Section 397 of the IPC and sentenced accordingly.

Having regard to the arguments advanced by the learned Government Advocate, we have gone through the impugned judgment, whereby the respondent was acquitted of the charge under Section 3(2)(v) of the Act.

It has been found by the learned trial Court that offence of murder and robbery was not committed on the ground that the deceased persons belonged to Scheduled Caste or Scheduled Tribe.

Provisions of Section 3(2)(v) of the Act clearly says that the offence should be established by the prosecution to have been committed on the ground that the persons against whom the offence was committed were members of scheduled caste or scheduled tribe.

It is not sufficient that the deceased person should be a member of either, but further it is required to be proved that the offence has been committed on the ground of victim being a member of scheduled caste or scheduled tribe.

In absence of any such material, merely because the deceased happens to be of scheduled caste or scheduled tribe automatically, the offence under Section 3(2)(v) of the Act is not made out.

In the opinion of this Court, there is no material on record indicating that the offence was committed on the ground that the victims were members of scheduled caste or scheduled tribe.

Application sans merit and is hereby dismissed in limine.

(AJIT SINGH) (B.D.RATHI) JUDGE JUDGE (and)

Same Court & Year Madhya Pradesh · 2013 Same Parties The State of Madhya Pradesh vs Vishnu Kumar Same Subject Education