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january 2011

Supreme Court of India · 2011-01-05

KAILAS vs STATE OF MAHARASHTRA TR.TALUKA P.S.

Citation / case number
SC 2010/12850
Court
Supreme Court of India
Petitioner
KAILAS
Respondent
STATE OF MAHARASHTRA TR.TALUKA P.S.
Author
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court upheld the conviction of the accused under Sections 452, 354, 323, and 506(2) read with Section 34 IPC for the brutal assault and humiliation of Nandabai, a member of the Bhil tribe. The Court criticized the High Court for acquitting the accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on technical grounds, emphasizing that the victim's status as a member of a Scheduled Tribe was evident and should have been sufficient for conviction under the Act. The Court reaffirmed the need for stringent protection of marginalized communities under the law.

KAILAS vs STATE OF MAHARASHTRA TR.TALUKA P.S. · Niyam