Telangana High Court
Banda Apparao vs The State Of Telangana on 8 November, 2024
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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.966 OF 2024
JUDGMENT:
This appeal is filed under Section 419 (4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') questioning the acquittal of the respondent/accused.
2. The charge sheet was filed by the Sub-Inspector of Police, Rajendranagar Police Station, for the offences under Section 306 of IPC against respondent No.2/accused. Learned I Additional Assistant Sessions Judge, Rangareddy District at L.B.Nagar, acquitted the respondent No.2/accused by order dated 18.06.2024.
3. The present appeal is filed under Section 419 (4) of BNSS. The said provison enables a private complainant or complaint filed by any complainant other than the Police to question the acquittal under Section 419 of BNSS. Further, the State can file an Appeal under Section 419 of BNSS.
4. If the victim is aggrieved by the order of acquittal, the remedy lies under proviso to Section 413 of BNSS. Section 413 of BNSS reads as under:-
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"No Appeal to lie unless otherwise provided:- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."
5. The appeals from convictions are provided under Section 415 of the BNSS. A person convicted on a trial held by Sessions Judge or any other Court in which a sentence of imprisonment for more than seven years has been passed shall appeal to the High Court.
6. In the new scheme of Criminal Procedure under BNSS, the category of Assistant Sessions Judge is not recognized, though the category of Assistant Sessions Judges was specifically mentioned in the Criminal Procedure, Code, 1973.
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7. The category of Assistant Sessions Judge would fall within the meaning of 'any other Court' under Section 415(2) of BNSS.
8. However, while dealing with acquittals, there are two provisions. One is Section 419 and the other is Section 413 of BNSS, since a private complainant or a public servant apart from the Public Prosecutor on the instructions of the concerned Government, can file appeals. The de facto complainant can only file appeal against an acquittal under Section 413 of BNSS.
9. Accordingly, the Criminal Appeal is disposed of directing the Registry to return the bundle to the appellant enabling him to file an appeal before the Sessions Court.
_________________ K.SURENDER, J Date: 08.11.2024 ynk