SHASHIKANT SHARMA & ORS. versus STATE OF UTTAR PRADESH & ANR.

SHASHIKANT SHARMA & ORS. versus STATE OF UTTAR PRADESH & ANR.

From the admitted allegations and material in the investigation, there was no allegation that an IPC offence punishable with ten years or more was committed by persons of upper caste upon a person belonging to the Scheduled Caste community with knowledge of that status; therefore prima facie ingredients of Section 3(2)(v) SC/ST Act were not made out and the charge under that provision was quashed.

Parties
Appellants: Shashikant Sharma & Ors.; Respondents: State of Uttar Pradesh & Anr.
Jurisdiction
India
Judgment Date
01 December 2023
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against High Court Order Upholding Framing of Charges and Rejecting Discharge
Outcome
Appeal allowed in part; charge under Section 3(2)(v) of the SC/ST Act quashed and set aside; remaining IPC charges to proceed to trial
Legal Topics
Framing of Charges, Discharge Under Section 227 Cr PC, Section 3(2)(v) Sc/st Act, Section 307 IPC
Criminal Law Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 Criminal Procedure Framing of Charges Discharge Under Section 227 Cr PC Section 3(2)(v) Sc/st Act Section 307 IPC

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Parties

Shashikant Sharma & Ors.

Appellants

State of Uttar Pradesh & Anr.

Respondents

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against High Court Order Upholding Framing of Charges and Rejecting Discharge

Legal Issues

  1. 1 Whether prima facie ingredients of Section 3(2)(v) of the SC/ST Act were made out against the appellants
  2. 2 Whether the charge under Section 3(2)(v) could be sustained on the material in the investigation report and witness statements
  3. 3 Whether medico-legal evidence negated the prosecution's case of a firearm injury

Ratio Decidendi

From the admitted allegations and material in the investigation, there was no allegation that an IPC offence punishable with ten years or more was committed by persons of upper caste upon a person belonging to the Scheduled Caste community with knowledge of that status; therefore prima facie ingredients of Section 3(2)(v) SC/ST Act were not made out and the charge under that provision was quashed.

Court Disposition

Appeal allowed in part; charge under Section 3(2)(v) of the SC/ST Act quashed and set aside; remaining IPC charges to proceed to trial

Orders

  • Charge under Section 3(2)(v) of the SC/ST Act quashed and set aside
  • Trial to continue for remaining offences under the IPC