Bail Applicant Under Mandatory Obligation To Disclose Criminal Antecedents, Non-Disclosure Results In Erroneous Decisions: Andhra Pradesh High Court Judicial Decrees Cannot Be Set Aside By Administrative Orders After Decades; Long-Standing Revenue Entries Must Be Protected: Allahabad High Court 'Any Use Whatsoever' Includes Promotion & Events: Bombay High Court Restrains New Indian Express Group From Hosting Commercial Events Outside Southern States Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court Decree For Possession Can Be Passed If Landlord-Tenant Relationship & Termination Are Admitted; Unregistered Lease Is Month-To-Month: Delhi High Court Prosecution Against Co-Accused Not Sustainable When Main Accused Is Discharged On Same Facts: Jharkhand High Court Admission Of Handwriting On Account Statement Is Not Admission Of Its Contents; Corroborative Evidence Necessary To Prove Claim: Gujarat High Court Omission Of Label Defects In Food Inspector's Spot Memo Fatal To Prosecution For Misbranding: Himachal Pradesh High Court RBI Must Consult State Government, Not Just Registrar, To Supersede Co-operative Bank Board; Principles Of Natural Justice Excluded Under Section 36AAA: Kerala High Court Suit Filed Before IBC Proceedings Cannot Be Dismissed Under Order VII Rule 11 CPC; Section 96 Moratorium Only Stays Pending Actions: Calcutta High Court Senior Citizens Not Technologically Savvy Cannot Be Penalized For Not Checking Case Status On Court Website: Tripura High Court Telangana High Court Quashes Case Against CM Revanth Reddy Over 2019 Election Roadshow, Cites Bar Under Section 195 CrPC Maintenance Tribunal Orders Passed Without Mandated Three-Member Coram Are A Nullity: Punjab & Haryana High Court School Register Entry Regarding Date Of Birth Lacks Probative Value Unless Source Of Information Is Proved: Madhya Pradesh High Court Sets Aside POCSO Conviction Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court

Acquittal in SCST Act Case: Testimonies Cannot Be Believed in Absence of Any Independent Corroboration: Punjab & Haryana HC

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the High Court of Punjab and Haryana acquitted Hari Singh, who was previously convicted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court, presided over by Hon'ble Mr. Justice Karamjit Singh, found substantial gaps in the prosecution's case, leading to the appellant's acquittal.

In the case (CRA-S-1527-SB-2004), Hari Singh was accused of using derogatory language against Dhanna Singh, belonging to a Scheduled Caste, during a panchayat meeting on July 20, 2000. The trial court had sentenced Singh to six months of rigorous imprisonment, along with a fine. However, the High Court's recent decision overturned this verdict.

Justice Karamjit Singh, in his judgment, emphasized the unreliability of the testimonies against Hari Singh. The Court observed, "The testimonies of PW-1 to PW-3 cannot be believed in the absence of any independent corroboration." This observation was critical in undermining the prosecution's case, which relied heavily on these witness accounts.

Furthermore, the judgment pointed out the unexplained delay in filing the complaint and the lack of evidence proving that the appellant used caste-related derogatory remarks. The Court underscored that insulting or intimidating a person from SC/ST communities does not automatically constitute an offense under the Act unless it is explicitly on account of their community membership. This aligns with the precedent set in Hitesh Verma Vs. State of Uttarakhand, as referred to in the judgment.

The High Court's ruling highlights the necessity of corroborative evidence in cases involving allegations of caste-based insults and atrocities. The acquittal of Hari Singh serves as a reminder of the judiciary's role in ensuring that convictions are based on firm evidence rather than uncorroborated testimonies.

Date of decision: 22.01.2024

Hari Singh VS Dhanna Singh and others

 

Latest Legal News