• Regarding judgement

I was charged with S. 3 (x) and (xi) of SC/ST Act and S. 354 and 506 of IPC. I have been convicted in SC/ST Act in both Sections and the judgment reads that since he is convicted in Special Act. there is no need to convict him under IPC provisions. My question is whether I have also been automatically convicted under S. 354 and 506 as my department trying to interprate as such.
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

My question is whether I have also been automatically convicted under S. 354 and 506 as my department trying to interprate as such.

If the conviction is for the special act alone then it can be deemed that you have been absolved from other charges under IPC.

However the judgment copy is to be seen for further and more proper opinion.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

You have not been convicted under section 354, 506 of IPC

2) interpretation of judgment by department is misconceived

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

I have got relief from High court for suspension of sentence. Whether my conviction still stands or can I have help from abstaining department for taking action against me on the basis of conviction that still stands. advise me what shoud I do. It is a false matter of just abusing and a complaint case. Police reported in my favour.

You may please note that the high court has given an interim respite by the order suspending the execution of the conviction order and not set aside the judgment, therefore the conviction remains in force till the appellate court sets aside the lower court's order/judgment.

The employment status shall remain status quo for the present until your appeal is disposed by the high court.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Order passed by trial court has been stayed by HC and your sentence has been suspended

2) wait for hearing and final disposal of your appeal

3) as on date there is stay granted by HC of your sentence

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

hello,

If your sentence has been suspended from the High Court, then it is not generally believed that your department will take action against such punishment which has been suspended by the Hon'ble High Court. Though you question is not very clear, but if any departmental enquiry is going on against you then you are suggested to present the copy of the order of the Hon'ble High Court before the authorities.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1. fr the recent decision of supreme court when a person is convicted or tried under a Special Act the general provision of IPC does not apply on the same incident.

2. So the accused after conviction under the SC/ST Act would not be convicted under any provision of IPC on the same incident.

3. Now since sentence is stayed you are not considered as convicted till thehigh courtt passes a final roder on your conviction.

4. However the department is free to run simultaneous departmental proceeding as this has nothing to do woth the criminal case.

5. However if you are honorably acquitted of the criminal case the the departmental proceeding would also fail.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

its depend on the interpretation of the judgement of the High Court, if the high court set aside the trial court order then you can not be a convicted but as per your information, it seems that the court suspend your sentence but held guilty and confirm the order of the trial court and suspension of sentence due to the period of your imprisonment.(I am not sure about exact facts, but if the answer is yes, as i understand then) you are a convicted and department has right to take action against you as per the policy of department regarding a convicted person.

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Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

It seems that you have been convicted only under SC/ST Act, not IPC. Unless the court has specifically convicted you under a particular section it is deemed as if you have not been convicted under it. Be that as it may, nothing definitive can be said without a perusal of the court order.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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