XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The Criminal Appeal is not numbered since the Registry noted that the appeal is preferred beyond the period of six months stipulated in the second proviso to Sec. 14A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (In short 'the Act').

(2.) The learned Counsel for the appellant contended that the prohibition in the second proviso to Sec. 14A(3) creates a fetter on the right guaranteed to victims, under Sec. 372 of Cr.P.C.

(3.) Adv. Amal Dharsan, learned Amicus Curiae referred to the Full Bench decision of the Allahabad High Court in Re: Provision of S.14(a) of SC/ST(Prevention of Atrocities) Amendment Act, 2015 (2018 KHC 5250) to point out that the second Proviso to Sec. 14A (3) has been struck down, declaring the provision to be violative of Articles 14 and 21 of the Constitution of India. It is contended that the provision having been struck down by the High Court, it has effect through out the territory of India. To buttress the argument, reliance is placed on the decision in Kusum Ingots and Alloys Ltd. v. Union of India & Another ( 2004 (6) SCC 254 ).