JUDGMENT :

(R.G. Avachat, J.) :

Learned Single Judge of this Court, relying on Rule 8 of Chapter I of the Bombay High Court, Appellate Side, Rules, 1960, requested the Honourable the Chief Justice to refer the following two issues for decision, by a Bench of two or more Judges. This is how the matter has been referred to this Full Bench for deciding the issues :

(i) Whether interpretation that Section 42-A of POCSO Act shall prevail over Section 14-A of Atrocities Act, in the matter of grant or refusal of bail, would result into abrogating right of victim, to prefer an appeal under Section 14-A of Atrocities Act against grant of bail to accused ?

(ii) Whether such interpretation is sustainable having regard to intention of legislature in providing participation of victim and witness of atrocities at all stages of proceedings under Atrocities Act, with specific provision of Section 14-A thereof ?

2. The facts, in brief, giving rise to this reference are as follows :

A crime vide C.R. No.214/2023 was registered against one Aniket Labade for offences punishable under Sections 363, 376, 376(3) of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences A