VidhiSangh

Supreme Court of India · 01/12/2023

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

[2023] 15 S.C.R. 1067 · 2023 INSC 1036

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Summary

The Supreme Court quashed the charge under Section 3(2)(v) of the SC/ST Act because the admitted prosecution case did not allege the qualifying IPC offence against an SC/ST victim with knowledge of that status. The alleged shooting concerned another person; casteist abuse of an SC witness did not supply the missing ingredients. The unchallenged IPC charges were left for trial before the ordinary Sessions Court.

Issues

  1. Whether the admitted prosecution allegations supplied the ingredients of Section 3(2)(v) of the SC/ST Act.

Provisions considered

Held

Result

Appeal allowed to the stated extent. Section 3(2)(v) charge and corresponding rejection orders set aside; remaining IPC trial transferred to the competent Sessions Court. Bonds continued; non-bailable warrants quashed. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 1067.