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Judgment
9 paragraphs · 350 wordsG.S. Ahluwalia, J
This third Criminal Appeal for grant of bail has been filed under Section 14 A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 against the order dated 15.01.2021 passed by Special Judge (POCSO Act), Gwalior by which the application filed by the appellant for grant of bail has been rejected.
The appellant has been arrested on 18.12.2020 in connection with Crime No.713/2020 registered at Police Station Thatipur, District Gwalior for offence punishable under Sections 363, 366, 376 (2) (n), 342, 34 of IPC and under Section 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act and Section 5/6 of POCSO Act.
The Office has listed this case on the question of maintainability of this criminal appeal under section 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
In view of the law laid down by the Division Bench of this Court at Principal Seat Jabalpur by order dated 22.04.2021 passed in Cr.A. No.5189/2020 (Pramod Yadav Vs. State of M.P.), wherein it has been held that where the offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 as well as the Prevention of Children from Sexual Offences Act, 2012 have been leveled, then the trial shall be conducted as per provisions of POCSO Act, therefore, this Criminal Appeal filed under Section 14 A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act is not maintainable and in fact the application under Section 439 of Cr.P.C should have been filed.
It is submitted by Counsel for applicant that he may be permitted to move an application to convert this criminal appeal into an application under Section 439 Cr.P.C.
Since question of maintainability has arisen on account of judicial pronouncement in case of Pramod Yadav (Supra), this Court is of the considered opinion that even the verbal prayer for conversion can be accepted.
Accordingly, Office is directed to register this criminal appeal as an application under Section 439 Cr.P.C.
With aforesaid observation, the present criminal appeal is finally disposed of.