Bombay High Court (Full Bench) states that a victim cannot appeal under Section 14-A of the SC/ST Act for acquittal or bail in cases involving both POCSO and SC/ST Acts
Case: Aniket v. State of Maharashtra and Anr.
Coram: Justice Mangesh S Patil, Justice Vibha Kankanwadi and Justice RG Avachat
Case No.: Anticipatory Bail Application No. 1005 of 2023
Court Observation: “in a case involving offences under both, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Protection of Children from Sexual Offences Act, a victim thereof does not have a right to prefer appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.”
“except the proviso to Section 372, the relevant Section providing right of appeal speak of such a right to be exercised only by the convict or the prosecution agency, namely the State. A right accrued to the victim to prefer appeal in terms of the said proviso is supposed to be exercised against an order passed by the Court either acquitting the accused or convicting for a lesser offence and none others”
“provisions of the Cr.P.C. including the provisions as to bail and bonds shall apply to the proceedings before a Special Court inquiring into or trying an offence under the POCSO Act and under any other Statute including S.C. & S.T. Act”
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Bombay High Court (Full Bench)
