Lower court order set aside

  • | Saturday | 21st April, 2018

Taking cognisance of the fact that the investigation was carried out by an Inspector of Police and lack of bonafide evidence, the court set aside the lower court’s order. MaduraiThe Madurai Bench of the Madras High Court on Friday set aside the order of a lower court on the grounds that the provisions under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were not followed. The court held that under Rule 7 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, it is mandatory that the investigation be carried by an officer not below the rank of Deputy Superintendent of Police. The investigation should be conducted on priority basis within 30 days and a report be submitted to the Superintendent of Police, who should review the investigation. The court was hearing an appeal filed by Surendrakumar, who was accused and convicted by the First Additional District and Sessions Judge, Thanjavur, on the charge of raping an 18-year-old woman in 2006.

more-in Madurai The Madurai Bench of the Madras High Court on Friday set aside the order of a lower court on the grounds that the provisions under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were not followed. Justice M.V. Muralidaran directed the Director General of Police to issue directions to all district police heads to conduct investigations when the provisions of SC and ST (Prevention of Atrocities) Act, 1989 are invoked. The court held that under Rule 7 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995, it is mandatory that the investigation be carried by an officer not below the rank of Deputy Superintendent of Police. The investigation should be conducted on priority basis within 30 days and a report be submitted to the Superintendent of Police, who should review the investigation. The court was hearing an appeal filed by Surendrakumar, who was accused and convicted by the First Additional District and Sessions Judge, Thanjavur, on the charge of raping an 18-year-old woman in 2006. Taking cognisance of the fact that the investigation was carried out by an Inspector of Police and lack of bonafide evidence, the court set aside the lower court’s order.

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