Indian Law Cases Search Detail

ILC-2009-AHC-Jan-22
ILC-2009-AHC-Jan-22
Section 3(2)(5) SC/ST Act - Conviction - Trial court imposing sentence for offence committed under IPC - Also awarding sentence for offence under sec. 3(2)(5) SC/ST Act - Section 3(2)(5) of SC/ST Act does not constitute any substantive offence - Section 3(2)(5) under SC/ST Act is meant to enhance the punishment if the offence is such for which punishment is imprisonment for ten years or more and is committed with member of SC/ST - Accused can not be convicted separately under sec. 3(2)(5) of SC/ST Act - Mistake committed by the Ld. Judge also noticed in other cases also - Directions issued to sent a copy of the order to the Judge also.