(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Present appeal arises from the judgment and the order passed by the learned Special Judge in Special Atrocity Case No.51 of 2009, whereby the accused have been acquitted for the offences under Sections 365, 366, 376, 109 and 113 of IPC and Section 3(1)(11) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989.
We have heard Mr.Tiwari, learned counsel appearing for the appellant and Mr.Pandya, learned APP for the State.
It is an undisputed position that pending the present appeal against the very judgment and the order of the learned Special Judge for acquittal, State has already preferred an appeal being Criminal Appeal No.70 of 2010 with the leave to prefer the appeal being Criminal Misc. Application No.851 of 2012 and vide order dated 24.4.2012 passed by this Court, leave to prefer appeal has been granted and the appeal of the State is admitted .
Under these circumstances, as per the view taken by this Court in Criminal Misc. Application No.5522 of 2009 with Criminal Appeal No.783 of 2010 decided on 10.5.2010, present appeal preferred by the original victim does not deserve to be entertained. However, it is observed that the applicant - original complainant - victim shall be at liberty to assist the Public Prosecutor at the time of final hearing of Criminal Appeal No.70 of 2012 preferred by the State and shall also be at the liberty to make submissions with the Public Prosecutor against the order of acquittal at the time of final hearing of the appeal. Subject to the aforesaid observation and direction, present appeal is disposed of.
Office to show the name of Mr.N.B.Tiwari, with learned Public Prosecutor in Criminal Appeal No.70 of 2012.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (vipul) Top