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TMI Blog1971 (3) TMI 130X X X X Extracts X X X X X X X X Extracts X X X X ..... rse with her without the consent of the complainant. The learned Magistrate at the end of the trial convicted the accused under Section 498 of the Indian Penal Code and sentenced him to I. for 2 months and a fine of ₹ 100/-. He was acquitted of the offence under Section 497 of the Indian Penal Code. Against that order of conviction and sentence the accused went in appeal to the Sessions Court at Surat and the learned Sessions Judge disagreeing with the trial Court allowed the appeal and acquitted the accused of the offence under Section 498, Indian Penal Code. It is against this acquittal that the original complainant has come in revision. 2. The prosecution was started upon institution of a complaint by the petitioner-complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1946 the Central Government may also direct the Public Prosecutor to present an appeal to the High Court from the order or acquittal. (3) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. In Sankalchand v. Khengaram AIR1969Guj342 , N. G. Shelat J. as he then was following an earlier decision of the Bombay High Court, held that the words in Sub-section (5) of Section 439 of the Code are wide enough to include any right of appeal of any party under the provisions of the Code and in a case instituted upon a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch an order of acquittal in Sub-section (3) would cover an acquittal by the Sessions Court that is any Court other than a High Court. There is no reason why we should give a restricted meaning to the word 'Court in Sub-section (1) of Section 417. Section 6 of the Criminal Procedure Code specifies the classes of criminal courts and Courts of Sessions are one of the two classes specified in that section. Another class is courts of Magistrates. It is the court of Sessions which would exercise powers in case of a conviction by a Magistrate where sentence awarded is appealable and in exercising those powers the Sessions Court does not cease to be a court, Therefore, even on the interpretation advanced by Mr. Shelat it is clear that the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of original jurisdiction or appellate jurisdiction. This was the view taken by a Single Judge of the Mysore High Court in Chairman, Village Panchayath y. Thimmasetty AIR 1956 Mys 62. There also in a case instituted upon a complaint there was conviction by the trial Court and acquittal by the appellate Court. The complainant went in revision to the High Court and it was held that the revisional application was not competent. The word such in Sub-sections (2) and (3) of Section 417, was, it was observed, used with reference to an order of acquittal referred to in Sub-section (1) of Section 417. It was observed that the order of acquittal referred to in Sub-section (1) was an order of acquittal of the original on the appellate Court There ..... X X X X Extracts X X X X X X X X Extracts X X X X
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