Whether An Accused Acquitted Under SC-ST Act But Convicted Under IPC Will File Appeal Under CrPC Or

The Allahabad High Court (Full Bench) recently clarified the appellate procedure when an accused is acquitted under the SC/ST (Prevention of Atrocities) Act but convicted under the Indian Penal Code (IPC). This decision resolves conflicting views and provides clarity on the interaction between Section 14A of the SC/ST Act and the CrPC.

 

Case Background: The case involved appellants Shailendra Yadav Salu and Abhishek Yadav, who were acquitted under the SC/ST Act but convicted for IPC offenses by a Special Court. Appeals were filed under Section 3/4 of the CrPC, but there was confusion over whether the appeal should be under Section 14A of the SC/ST Act or the CrPC. The matter was referred to a Full Bench to resolve this issue.

 

Key Legal Issues:

 

1. Applicable Appellate Forum: Should the appeal be filed under Section 14A of the SC/ST Act or the CrPC?

 

 

2. Non-Obstante Clause in Section 14A: Does it override the CrPC for appeals?

 

 

3. Special Court Jurisdiction: Does acquittal under the SC/ST Act affect the Special Court's jurisdiction?

 

 

 

Court's Observations:

 

Victim-Centric Purpose of the SC/ST Act: The Court emphasized that the Act is designed to provide special protections to marginalized communities and ensure efficient justice. Section 14A aims to streamline the appellate process.

 

Non-Obstante Clause in Section 14A: The Court ruled that the non-obstante clause in Section 14A overrides conflicting provisions of the CrPC. Therefore, appeals must be filed under Section 14A of the SC/ST Act, regardless of whether the conviction is under the SC/ST Act or IPC.

 

Special Court's Jurisdiction: The Court clarified that the Special Court retains jurisdiction over the case even if the accused is acquitted under the SC/ST Act. The acquittal does not affect the court's authority or the appeal process.

 

Interpretation of Section 14A: The Court applied a literal interpretation of Section 14A, stating that appeals from Special Courts must be filed under its provisions.

 

 

Decision: The Full Bench ruled that appeals must be filed under Section 14A of the SC/ST Act, even if the accused is acquitted under the Act but convicted under the IPC. This ruling reaffirms the victim-centric approach of the Act and ensures a consistent, streamlined appellate process for cases involving the SC/ST Act.

 

Constitutional Alignment: The decision aligns with constitutional mandates under Articles 14 and 21, ensuring fair treatment and expeditious justice for both victims and the accused.

 

Appearances: The case saw extensive legal representation, including arguments from various counsel supporting and challenging the reference. The Government Advocate also participated in the proceedings.

 

This judgment brings clarity to the appellate procedure, ensuring that the legal framework for marginalized communities under the SC/ST Act is properly upheld.