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Supreme Court of India 2023-12-01 allowed

SHASHIKANT SHARMA & ORS vs STATE OF UTTAR PRADESH & ANR

Bench: 2 — Pamidighantam Sri Narasimha, Sandeep Mehta

In Brief

The Supreme Court quashed the charge framed under Section 3(2)(v) of the SC/ST Act against four accused in a criminal appeal. The Court held that to constitute this offence, the prosecution must establish that an upper-caste accused committed a grave IPC offence (10 years or more imprisonment) against an SC/ST person with knowledge of their caste. Here, the alleged gunshot victim (Rinku Thakur) suffered no injury per medical examination. Casteist abuses directed at a witness after the unfruitful gunshot, without a substantive grave offence, did not satisfy the statutory ingredients. The Court allowed the appeal, quashing the SC/ST Act charge while permitting trial on remaining IPC offences, which were transferred to a regular Sessions Court.

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Criminal Law Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Discharge of Accused Charge Framing Evidentiary Standards Criminal Procedure

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