SUNIL KUMAR SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant herein has been convicted for offence punishable under Sec. 302 of IPC and Sec. 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter 'Act of 1989').

(2.) Since the matter is listed for hearing on the application for suspension of sentence and grant of bail as the appellant has also been convicted for offence under Sec. 3(2)(v) of the Act of 1989, the question for consideration would be, whether the victim/dependent is required to be noticed and heard on I.A. No. 1, application for suspension of sentence and grant of bail ?

(3.) In order to answer the question, provisions contained under Sec. 15A of the Act of 1989 which relates to rights of victims and witnesses may be referred herein. Sec. 15A of the Act of 1989 contains important provisions that safeguards the rights of victims of caste-based atrocities and witnesses. Sub-sec. (3) of Sec. 15A of the Act of 1989 confers the right to reasonable, accurate and timely notice of any Court proceedings including any bail proceeding upon the victim or his/her dependent. Subsec. (5) of Sec. 15A of the Act of 1989, entitles the victim or his/her dependent to be heard at any proceeding in respect of bail/sentence/conviction.