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.