ABDUL KHADER S/O MUHAMMED vs STATE OF KERALA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 856

P. G. AJITHKUMAR
ABDUL KHADER S/O MUHAMMED – Appellant
Versus
STATE OF KERALA – Respondent

Advocates:
Advocate Appeared:
For the Appellants : SIDHARTH O., ANWIN JOHN ANTONY, P.C. MOIDEEN, SUSANTH SHAJI, MOHAMMED ASIF P., ALBIN A. JOSEPH.
For the Respondent: SHEEBA THOMAS.

ORDER :

1. This is an appeal against conviction. The appellant invoked the provisions of Section 374(2) of the Code of Criminal Procedure, 1973 (Code of 1973, for short) to file the appeal. The appeal was filed on 10.07.2024. A question arises whether this appeal could be filed under the provisions of the Code of 1973 or should have been filed under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, for short). Section 415 of the BNSS is the provision corresponding to Section 374 of the Code of 1973.

2. The learned counsel for the appellant would submit that the trial was held under the provisions of the Code of 1973, and therefore the appellant's right to appeal accrued as per the provisions of the Code of 1973. It is contended that the appellant cannot be compelled to invoke the provisions of the BNSS to file the appeal since the trial took place under the Code of 1973.

3. The learned counsel for the appellant invites my attention to Pylikunju and others v. State of Kerala and others, 1977 KLT 252 and also Hiralal Nansa Bhavsar and another v. State of Gujarat, 1976 Crl. LJ 84 in order to fortify his contention that in a case where the trial took place under the provis