follows:
"9. The scope of Section 18 of the SC/ST Act
read with Section 438 of the Code is such that it
creates ... Amendment Act, 2015 (Act No. 1 of 2016)
by which different amendments have been brought about
including Section 14A in the SC/ST Act there
under sub-sections (3) and (5) of 15A of the SC/ST Act. The appeal was
withdrawn on 8 August 2019.
4. On 25 September ... Special Judge noted that the statements of five witnesses –
1
“SC/ST Act”
2
“ CrPC ”
3
S.B. Criminal Appeal No.1132/2019
4
Criminal
act of the accused is an offence under the POCSO
Act and also an offence under the SC & ST Act , the Special Court
under ... object, scheme and scope
of the both Special Acts, i.e. POCSO Act and SC/ST Act, I,
nowhere find such Special Provisions or procedure
ST Act:-
56. If the act of the accused is an
offence under the POCSO Act and also an
offence under the SC & ST ... constituted under POCSO Act , in connection with
a case involving offences under both Acts i.e. POCSO Act and
SC/ST Act, the same would
SC 3316, wherein the Supreme
Court held, in paragraph 8, as follows:
8. Section 18 of the SC/ST
Act creates a bar for invoking ... find out whether an offence
Under Section 3(1) of the SC/ST Act
has been prima facie made out. In
other words, if there
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short
'the SC/ST Act'). When the said statute provides an absolute
prohibition ... prima facie case for
applicability of the provisions of the SC/ST Act, the bar created
by section 18 and section 18A(1) , shall
Tribes (Prevention of Atrocities)
Act, 1989 (hereinafter referred to as 'SC/ST Act') and Section 384 of
the IPC in case ... bail to the petitioner alleged to have committed offences
under the SC/ST Act can approach this Court directly by filing
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between the parties. These cases relate to the relevant provisions of SC/ST Act along with sections of I.P.C . are also involved ... member of the SC/ST community against named or unnamed accused persons (not belonging to the SC/ST community) or the persons of the higher
354Kha , 452 , 504 IPC and Section 3(1)(X) SC/ST Act, P.S. Bilhaur, District Kanpur Nagar pending in the court of Additional District ... Sessions Judge, Court No.2/Special Judge, SC/ST Act, Kanpur Dehat and impugned summoning order dated 19.11.2022 passed by the same court.
The extra
Special Court,
POCSO Act , in a crime involving offences, both under the POCSO Act
and the SC/ST Act, that order would not be final ... object, scheme and scope of the
both Special Acts, i.e. POCSO Act and SC/ST Act, I, nowhere find such
Special Provisions or procedure
