Court Should Not adopt hypertechnical approach in SC/ST Atrocity Act
This Court was of the considered view that the trial Judge has passed the impugned judgment without going through the material on record and passed the impugned judgment. In that eventuality, the Judge should have directed the concerned Authority so that the State would be able to apprise the trial Court about whether they have complied with Rule 7.Even otherwise, the Judge should not have rejected the case of the State on hyper technicalities as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Rules were meant for the welfare of such persons. The hyper technical error should not come in the way of protection of under-privileged people. Trial Courts should ignore the hyper technicalities to protect the security and dignity of the persons belonging to the castes and tribes. Certainly, the benefit should not go in favour of the Accused. Therefore, Court found that there was no violation of Rule 7 of Rules and Magistrate had rightly taken up the cognizance of the case.
https://www.lawweb.in/2012/08/court-should-not-adopt-hypertechnical.html
https://www.lawweb.in/2012/08/court-should-not-adopt-hypertechnical.html
