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Legal defense against false criminal case


14-Jul-2023 (In Criminal Law)
 I'm a Grampanchayat ward member facing a SC /ST case .... the case is all about offering a garland to the Father of the Nation on October 2nd 2016 without the presence of sarpanch (SC) although it's not the official program.the sarpanch has filed a case against me.Can I have a valid defense? 
Answers (3)

Answer #1
860 votes
Yes u can, for an offense under the act abusing a person in the name of caste in a public place and in public view, if not no offence, after due course of trial u can claim damages for malacious proscecutition.
Answer #2
659 votes
it depends upon the facts and scene which occurred and witness examined and several other factors of the investigation done by the deputy superintendent of police after filing charge sheet and cant ascertain the judgment only
Answer #3
593 votes
Hi
Yours is not a SC/ST Case at all. Mere ignoring a sarpanch who belongs to SC community does not attract SC/ST Act. File a quash petition in High court under section 482 and get your case quashed as your case does not come under the ambit of SC/ST ACTat all.

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