The single judge bench of Justice Nisha M. Thakore of the Gujarat High Court in the case of State of Gujarat Vs Sonu Mangliprasad Vishwakarma held that Section 14A of the atrocities Act have an overriding effect on the provisions of the Code of Criminal Procedure.
Brief Facts:
The factual matrix of the case is that the application of condonation of delay in filing an appeal under Section 378 (1) of Cr.P.C. Furthermore, upon noticing the charge, this Court had requested that the learned Public Prosecutor address a particular aspect of the appeal's maintainability. The appeal is being filed under Section 378(3) of the Code of Criminal Procedure. All these instances were considered together on the limited aspect of maintainability of appeal because there was a similar issue in the cases where the learned counsel representing the original victim/complainant sought this Court by filing an appeal under Section 372 of Cr.P.C.
Contentions of the Respondent:
The learned counsel appearing on behalf of the Respondent (original accused) contended that the special provisions of appeal against the order of acquittal is given under Section 14A of the Atrocities Act and Atrocities act is the special provision so it will have overridden effect over the provisions of the Code of Criminal Procedure. It was furthermore contended that the Section 14A of the Atrocities Act would have an overriding effect over the proviso to Section 372 of the Code and the appeal will lie under section 14A of the Atrocities act.
Contentions of the State:
The learned counsel appearing on behalf of the State contended that Section 14 of the Atrocities Act provides for the establishment of the Special Court and exclusive Special Court, which have the authority to handle both IPC-related and atrocities act related offences.
The issue before the court:
“Whether appeal would be maintainable under Section 372 at the instance of the original complainant/victim and in the case of appeal at the instance of State under Section 378(1)(3) of the Code, or the appeal would lie under Section 14A of the Atrocities Act. ?”
Observations of the court:
The Hon’ble court observed that that Section 14A offers the exclusive remedy for appeal filing, even in cases when the Code of Criminal Procedure elsewhere stipulates an appeal procedure, reflects the legislative intent. Consequently, Section 14A of the Act is the only provision that permits the High Court to hear an appeal against any sentence, judgment, or order, apart from interlocutory orders passed by a Special Court or an exclusive Special Court based on the law as well as the facts. Only the interlocutory order issued by the lower court is exempt from the aforementioned provision.
The court interpreted section 372 of the code of criminal procedure and observed that the victim does not have recourse to appeal under Section 372 of the Code if the statutory right of appeal is granted under any other law.
The court agreed with the contention raised by the respondent that Section 14A of the Act would have an overriding effect over the relevant general provisions of Appeal provided under the Code of Criminal Procedure, more particularly, in light of the non-obstante clause provided therein.
The court relied upon the judgments titled Union of India and another v. G.M. Kokil and others, Anilaben W/o Vineshbhai Asari D/o Jivabhai Kharadi V/s. State of Gujarat, and Re: Provision of Section 14A of SC/ST (Prevention of Atrocities) Amendment Act, 2015.
The court noted while taking into consideration the section 4 and section 5 of the code of criminal procedure that the aforementioned Section 5 of the Code enshrines the idea of prevalence and the overriding effect of a special statute over and above the provisions of the Code. The Atrocities Act is a special enactment that was enacted by legislation that conferred special jurisdiction or power with a prescribed special form of procedure. In this case, that special form of procedure is the appeals prescribed under Section 14A, which includes appeals against the order of conviction, acquittal, lesser sentence, or compensation. This is further supported by Sections 4 and 5 of the Code Criminal Procedure, which establish the principle of the harmonious construction of the provisions of both the Atrocities Act and the Code of Criminal Procedure.
The decision of the court:
Based on these considerations, the court was of the view that the section 14A of the Atrocities Act being inserted would have an overriding effect on the provisions of the Code of Criminal Procedure. The court directed to reexamine these applications seeking condonation of delay and place all these matters for consideration before the Coordinate Bench taking up matters under Section 14A of the Atrocities Act as per the present roster notified by the Hon’ble Chief Justice on the administrative side.
Case Name: State of Gujarat Vs Sonu Mangliprasad Vishwakarma
Coram: Hon’ble Mrs Justice Nisha M. Thakore
Case No.: R/Criminal Appeal No. 468 of 2022
Advocate for the Applicant: Mr. Mitesh Amin, PP.
Read Judgment @Latestlaws.com
Picture Source :
