Xyz vs The State Of Maharashtra And ...
2023 Latest Caselaw 7882 Bom

                                                                  910-apeal-631-2022



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        CRIMINAL APPEAL NO.631 OF 2022

 XYZ                                                       .. Appellant
          Versus
 The State of Maharashtra and others                       .. Respondents
                                   ...
 Mr. A. L. Kanade, Advocate for the appellant.
 Mr. A. V. Deshmukh, APP for respondent No.1 - State.
                                   ...

                               CORAM : SMT. VIBHA KANKANWADI AND
                                       ABHAY S. WAGHWASE, JJ.

DATE : AUGUST 04, 2023.

ORDER :-

. Learned Advocate for the appellant submits that State has also filed appeal challenging the same judgment and order and he, therefore, requests to tag the said appeal along with this.

2. Now, we are constrained to observe that in many matters we are coming across, a wrong Section has been mentioned either by the informants/victims or even by the Prosecution. Here, in this case, respondent Nos.2 and 3, who were the original accused Nos.1 and 2 stood prosecuted before the learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Osmanabad in Special (Atrocity) Case No.04 of 2015 (Old Sessions Case No.139 of 2013) for the offences punishable under Sections 306, 504, 506 read with Section 34 of Indian Penal Code and under Section 3(1)(x) and 3(2)

(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act").

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910-apeal-631-2022

Once again, we get reminded of Section 14-A(1) of the Atrocities Act, which prescribes filing of appeal under the said Section and it begins with non obstante clause "notwithstanding anything contained in the Code of Criminal Procedure" and, therefore, the provisions of the Code of Criminal Procedure will not be applicable, when there is special provision under the special enactment. We, therefore, direct the appellant to carry out the amendment to that effect immediately. As we are directing the tagging of appeal filed by the prosecution, we are granting liberty to the State also to carry out the similar amendment and also any such amendment, which is required in view of Section 14-A read with Section 15-A of the Atrocities Act to be carried out in the appeal. That amendment to be carried out by the prosecution on or before 10.08.2023.

3. Tag present Criminal Appeal No.631 of 2022 along with Application for Leave to Appeal (Stamp) No.9014 of 2022.

4. Place both the matters for further consideration on 24.08.2023.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]

scm

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