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BECHU KURIAN THOMAS
Renoj R. S – Appellant
Versus
State Of Kerala Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
By an order dated 02.09.2022, this Court had granted bail to the petitioner under section 439 of the Code of Criminal Procedure, 1973. However, since a legal question regarding conflict between two statutes arose, it was decided to consider the matter in detail. Hence, despite granting bail to the petitioner, the case was heard in detail on subsequent days.
2. The issue to be resolved relates to the manner and forum for filing an application for bail when offences under the provisions of the Protection of Children from Sexual Offences Act, 2012 (for brevity 'the POCSO Act') as well as the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') are both alleged to have been committed in the same crime.
3. The prosecution in the present case alleged that the defacto complainant/victim, aged just 15 years, was in a relationship with the first accused and on 16.07.2022, petitioner, who is the second accused, slapped the victim and scolded her using filthy language thereby committing offences under the Indian Penal Code,1860 apart from the POCSO Act. The prosecution also included provisions of the SC/
Statutory provision itself is clear in respect to law that will prevail whenever there is an inconsistency.
The main legal point established in the judgment is that the summoning order passed by the Special Court under the POCSO Act may not be challenged by filing an appeal under Section 14-A of the SC/ST ....
The procedure under the POCSO Act prevails over the SC/ST Act when both offences are charged, and the jurisdiction of the Special Court under the POCSO Act applies in determining the bail plea when o....
The main legal point established in the judgment is the overriding effect of the provisions of the POCSO Act on the provisions of the Atrocities Act in cases involving offences under both Acts, and t....
An accused under the SC/ST (POA) Act must follow statutory procedures for bail and cannot directly apply to the High Court after prior denials by the Special Court.
availability of the remedy of appeal under sub-section (2) of Section 14-A of the SC and ST Act, it will not be open for the High Court to exercise the original or concurrent jurisdiction under Secti....
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