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january 2024

Supreme Court of India · 2024-01-29

DASHRATH SAHU vs THE STATE OF CHHATTISGARH

Citation / case number
SC 2023/19653
Court
Supreme Court of India
Petitioner
DASHRATH SAHU
Respondent
THE STATE OF CHHATTISGARH
Author
Mehta
Bench
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE B.R. GAVAI

Judgment text excerpt

The Supreme Court examined the legality of the High Court's order rejecting a joint application under Section 320 of the Code of Criminal Procedure, 1973, concerning the offence under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court held that the offence under Section 3(1)(xi) is not compoundable due to its nature and the minimum sentence prescribed, affirming the High Court's decision to reduce the appellant's sentence from one year to six months. The Court emphasized that the intention behind the offence must be established, particularly regarding the victim's Scheduled Caste status.

DASHRATH SAHU vs THE STATE OF CHHATTISGARH · Niyam