Gujarat High Court
Pravinbhai Purushottamdas Rohit vs State Of Gujarat on 2 September, 2021
Bench: Sonia Gokani, Rajendra M. Sareen
R/CR.A/1244/2021 ORDER DATED: 02/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1244 of 2021
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PRAVINBHAI PURUSHOTTAMDAS ROHIT
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. JAY M THAKKAR(6677) for the Appellant(s) No. 1
MS JIRGA JHAVERI APP for the Respondent(s) No.1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 02/09/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
This is an appeal wherein the judgment impugned is
passed by the learned 3 rd Additional Sessions Judge and
Special Atrocity Judge, Nadiad in Special Atrocity Case No.25
of 2017 dated 16.12.2020. The appeal is, therefore, filed
under Section 14A of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocity) Act, 1989 ["Atrocity Act" for
short],
2. We have heard learned advocate Mr. Jay Thakkar, who
has urged that Section 14A of the Atrocity Act, more
particularly, the provision of Section 20 of the Atrocity Act,
has an overriding effect and therefore, the appeal is preferred
under Section 14A of the Atrocity Act. This is an appeal, which
lies from the judgment, sentence or order and it is not against
an interlocutory order.
2.1 Section 14A of the Atrocity Act reads as under:-
R/CR.A/1244/2021 ORDER DATED: 02/09/2021
""14A. (1) Notwithstanding anything contained in the Code of Criminal
Procedure,1973, an appeal shall lie, from any judgment, sentence or
order, not being an interlocutory order, of a Special Court or an
Exclusive Special Court, to the High Court both on facts and on law.
(2) Notwithstanding anything contained in sub-section (3) of section
378 of the Code of Criminal Procedure, 1973, an appeal shall lie to the
High Court against an order of the Special Court or the Exclusive
Special Court granting or refusing bail.
(3) Notwithstanding anything contained in any other law for the time
being in force, every appeal under this section shall be preferred
within a period of ninety days from the date of the judgment, sentence
or order appealed from:
Provided that the High Court may entertain an appeal after the expiry
of the said period of ninety days if it is satisfied that the appellant had
sufficient cause for not preferring the appeal within the period of
ninety days:
Provided further that no appeal shall be entertained after the expiry of
the period of one hundred and eighty days.
(4) Every appeal preferred under sub-section (1) shall, as far as
possible, be disposed of within a period of three months from the date
of admission of the appeal.".
2.2 Section 20 of the Atrocity Act also reads as under:-
"20. Act to override other laws.--Save as otherwise provided in this
Act, the provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the
time being in force or any custom or usage or any instrument having
effect by virtue of any such law."
2.3 Thus, anything inconsistent which is found contained in
any other law for the time being in force or any custom or
usage or any instrument, the provision clearly provides that
the provision of Atrocity Act shall have an effect. Section 14A
of the Atrocity Act provides for an appeal from any judgment,
sentence or order which is not interlocutory of the Special
Court or exclusive Special Court to the High Court. That
section has an overriding effect over other laws.
Admit.
R/CR.A/1244/2021 ORDER DATED: 02/09/2021
Learned APP Ms. Jirga Jhaveri waives notice of
admission for and on behalf of the respondent State.
To be tagged with Criminal Appeal No.899 of 2021.
(SONIA GOKANI, J)
(RAJENDRA M. SAREEN,J)
KAUSHIK D. CHAUHAN
