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”

Previous Posts

In the Vivo Money Laundering Case, the Delhi High Court rejects the pleas of three accused claiming unlawful detention in jail without a judicial order

Patna High Court Grants Appeal Beyond Stipulated Time, Citing CBIC Notification

Sec 300 IPC: The Gujarat High Court asserts that even a single injury leading to the death of the victim can constitute ‘murder’

The Delhi High Court holds that Family Courts may extend the time for filing a written statement if exceptional circumstances are demonstrated

No Inherent Right to Continue: Jammu and Kashmir High Court Denies Relief to Contractual Doctor Seeking Service Extension Following the Closure of COVID Hospitals

Keywords

Bombay High Court (Full Bench)

Related Articles

• Under the Wildlife Protection Act, the Bombay High Court dismissed cases against a pharmaceutical company, ruling that the cancer drug Camptothecin is not considered forest produce, bringing an end to a legal battle that persisted for 16 years
• In POCSO cases, the Bombay High Court instructs the state government to establish guidelines for conducting Test Identification Parades, with a focus on maintaining the confidentiality of the victim
• Regarding Section 60 of the Copyright Act, the Bombay High Court emphasizes that an inquiry into ‘groundless legal proceedings’ cannot conclusively determine the question of copyright infringement