Allowed

Shivkant Mishra v. the State of Ap and Anr.

Gauhati HC10 Feb 2023Crl.Rev.P./20/2022

Case brief

AI extract

What is this about?

The Gauhati High Court admitted a criminal appeal filed by a POCSO convict under Section 374(2) CrPC. The court clarified that appeals from Sessions Judges (including Sessions Courts holding trials) lie to the High Court regardless of sentence length under IPC Section 374(2), distinct from sentences by courts other than Sessions. The Registry was directed to issue notice and restore the original a

What did the court decide?

The appeal was admitted. Notice was issued with a four-week return date. The Registry was directed to restore the original appeal number.

Shivkant Mishra Vs the State of Ap and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2023)

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Page No.# 1/3

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GAHC040013872022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : Crl.Rev.P. 20/2022

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1:Shivkant Mishra

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S/o Late Ram Prakash Mishra, Permanent Resident of Malwan Village, PO/PS Malwan, District Etah, Uttar Pradesh.

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VERSUS

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1:THE STATE OF AP and Anr.

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Through the Public Prosecutor, Arunachal Pradesh.

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2:The Alleged Victim Through her father Shri Tokar Bomsok Resident of Taba Sora Village PO/PS Aalo West Siang District Arunachal Pradesh

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Advocate for the Petitioner : Dicky Panging

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Advocate for the Respondent : P P of AP

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BEFORE

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HONBLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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10.02.2023

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Heard Mr. M. Doji, learned counsel for the appellant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

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The present petition is filed under Section 374(2) of Code of Criminal

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Page No.# 2/3

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Procedure against the Judgment and Order of conviction under Section 10 of the POCSO Act, 2012 passed on 18.10.2022, by the learned Special Judge (POCSO), Aalo, West Siang District in POCSO Case No. 02/2021.

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Though the present case was registered as Criminal appeal however, on a joint submission of the learned counsel for the appellant as well as the learned Additional Public Prosecutor, the appeal was directed to be converted into a revision on the ground that when a sentence of imprisonment more than 7 (seven) years is passed by a Sessions Judge or any Additional Sessions Judge or trial held by any other court, an appeal shall lie and in the present case, since the conviction is upto 7 (seven) years, therefore no appeal will lie.

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However, by now it is well settled that the sub section 2 of Section 374 of the IPC provides that any conviction on trial held by the Sessions Judge or Additional Sessions Judge shall lie to High Court and only when a sentence more than 7 (seven) years is passed by any Court other than Sessions Judge or Additional Sessions Judge, an appeal shall lie to High Court. Therefore, the aforesaid provision is clarified and Registry to restore the original number of the appeal.

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Accordingly, admit this appeal.

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Issue notice returnable after four weeks.

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Call for the record.

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As Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh accepts notice on behalf of the respondent No. 1, no formal notice need be issued.

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The appellant to take steps for issuance of notice upon the respondent No.

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2 by way of registered post with A/D as well as by usual process within a period

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Page No.# 3/3

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of seven days from today.

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The appellant is also permitted to take steps for issuance of notice upon the respondent No. 2, through the Officer-in-Charge, Aalo Police Station, however, same should be routed through the Registry of this Court.

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JUDGE

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Comparing Assistant

Shivkant Mishra v. the State of Ap and Anr.

Case brief

What is this about?

What did the court decide?

Shivkant Mishra v. the State of Ap and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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