ABDUL SALIM S/O SHRI ABDUL SAKUR Vs. SAZID KHAN S/O SHRI ABDUL SALIM
LAWS(RAJ)-2017-10-94
HIGH COURT OF RAJASTHAN
Decided on October 24,2017

Abdul Salim S/O Shri Abdul Sakur Appellant
VERSUS
Sazid Khan S/O Shri Abdul Salim Respondents

JUDGEMENT

Sandeep Mehta, J. - (1.) The instant revision is directed against the judgment dated 13.05.2016 passed by the learned Special Judge, SC/ST Act, Pali in Appeal No. 64/2014 (4/2014) whereby, the appellate court, accepted the appeal preferred by the respondent Sazid Khan against the judgment dated 12.12.2013 passed by the learned CJM, Pali in Criminal Case No. 254/2003. The learned CJM had convicted the respondent Sajid Khan for offences under Section 452, 323 and 326 and had awarded various terms of imprisonment to him. The appellate court accepted the appeal and acquitted the respondent from all the charges.
(2.) Initially the complainant preferred a revision against the impugned judgment but thereafter, moved an application for treating the revision to be an appeal under Section 14A(2) of the Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act (hereinafter referred to as "the SC/ST Act") because the judgment under challenge was passed by the Special Judge, SC/ST Act Cases, Pali.
(3.) I have heard and considered the arguments advanced by Shri Rakesh Arora learned counsel representing the complainant petitioner on the application and have gone through the amendments brought around in the SC/ST Act particularly section 14A of the SC/ST Act which reads as below:- "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.";


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