March 26, 2026 9:27 pm

Criminal breach of trust by public servant–Existence of mens rea (guilty mind) must be proved.

Bysclaw

Oct 16, 2017

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CONVERSION –Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r), 3(1)(s), 3(2)(va) — Penal Code, 1860 — Sections 341, 323, 506 read with Section 34 — Quashing of criminal proceedings — Appellant converted to Christianity and worked as a Pastor for ten years — High Court quashed proceedings, holding appellant disentitled to protection under SC/ST Act due to conversion — Supreme Court upheld High Court’s decision — Conversion to a religion other than Hindu, Sikh, or Buddhist results in automatic and complete loss of Scheduled Caste status — Religious conversion bars claim to benefits under SC/ST Act, as it is predicated on Scheduled Caste membership.

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Penal Code, 1860 (IPC) — Section 376 — Offences Against Women — Sexual Assault — Trial Court convicted accused for sexual assault based on victim’s testimony corroborated by parents, medical witnesses, and others — High Court acquitted accused, citing improbabilities like distance traveled by victim and family animosity, and contradictions in witness testimonies — Supreme Court, while acknowledging the scope of interference in acquittals, analyzed the evidence — Supreme Court held that minor inconsistencies should not lead to rejection of credible testimony and that medical evidence corroborated victim’s testimony — Therefore, the Supreme Court set aside the High Court’s acquittal and upheld the conviction, stating the victim’s sole testimony was sufficient to establish the offense.

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Penal Code, 1860 (IPC) — Sections 406 and 420 — Criminal breach of trust and cheating — For an offence of cheating under Section 415 IPC, a fraudulent or dishonest intention must exist at the time of making the promise or representation — Mere failure to keep a promise subsequently does not automatically prove dishonest intention from the beginning — Every breach of contract does not amount to cheating, unless there was deception at the inception.

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