(1.) The prosecution has charged a case of abject moral depravity in which five persons, aged between 48 to 79, were alleged to have ravished a minor girl, as complained of by the victim and her mother. The prosecution case rests squarely on the evidence of the victim.
(2.) The appeals are filed by the accused and after hearing commenced and continued for two days, Sri.Siddarth A. Menon, Legal Aid Counsel appointed in Crl.R.P.246/2016 sought for conversion of the R.P. into an appeal under Section 401(5) of the Code of Criminal Procedure, 1973 ['Cr.P.C.' for brevity]. The revision filed by the victim was called to the Division Bench, to be heard along with the appeals. The Counsel appearing for the accused appearing in the appeals have taken notice for the respondents on 08.02.2020. The prayer for conversion as appeal is on the ground that, unwittingly, the victim, filed a revision against the order of acquittal under the Protection of Children from Sexual Offences Act, 2012 ['POCSO Act' for brevity]. A victim is enabled to file an appeal against such order of acquittal as connected cases per the proviso to Section 372 of the Cr.P.C. The learned Counsel would rely on the decisions of the Hon'ble Supreme Court in Blssu Mahgoo v. State of Uttar Pradesh [AIR 1954 SC 714] and Bachan Singh v. State of Punjab [(1979) 4 SCC 754].
(3.) Learned Senior Counsel Sri.P.Vijaya Bhanu specifically pointed out that the revision only has a prayer for enhancement of sentence for which a victim has no right to file appeal. There is no prayer as such for reversing the order of acquittal under the POCSO Act. It is also urged that in any event, the accused would be prejudiced if now the revision is converted into an appeal against acquittal, since at no time, for the past five years, when the accused were in custody, the prayer was made.
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