ABDUL KHADER Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal against conviction. The appellant invoked the provisions of Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code of 1973, for short) to file the appeal. The appeal was filed on 10/7/2024. 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). Sec. 415 of the BNSS is the provision corresponding to Sec. 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 provisions of the Code of 1973, the appeal shall be filed and decided by the provisions of the Code of 1973 itself. It is the further submission of the learned counsel that the appeal being continuation of the trial, the appeal shall also be dealt with as per the same procedure under which the trial was held. In that regard, the learned counsel places reliance on Soban v. State of Kerala, 2021 (3) khc 383.