JUBAIRIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) Which is the Court to which an appeal under Sec. 449 Cr. P.C. would lie against an order passed by the Assistant Sessions Court under Sec. 446 Cr. P.C. Is this appeal under Sec. 449 Cr. P.C. maintainable before this Court or should the appeal be preferred before the Sessions Court These are the short questions that arises for consideration in this appeal now.

(2.) The impugned order under Sec. 446 Cr. P.C., has been passed by the learned Assistant Sessions Judge, Kottarakara. Under Sec. 449(ii) Cr. P.C., when the impugned order is passed by a Court of Session, an appeal lies to the Court to which an appeals, lies from an order made by such Court. The Assistant Sessions Court is also a Court of Session to which Court does an appeal lie from an order passed by the Assistant Sessions Court. This is the short question that has got to be considered.

(3.) No binding or persuasive precedents are cited before me by the learned counsel for the appellant though sufficient opportunities were given to research and make submissions. Under Sec. 374(3)(a) Cr. P.C., an appeal from a judgment of conviction passed by the Assistant Sessions Court would lie before the Court of Session. But when the sentence imposed exceeds seven years, the appeal shall lie to the High Court under Sec. 374(2) Cr. P.C. The Assistant Sessions Court has jurisdictional competence to impose a sentence not exceeding ten years under Sec. 28(3) Cr. P.C. If the sentence is up to seven years, the appeal from a judgment of the Assistant Sessions Court would lie before a Court of Session. If the sentence exceeds seven years, the appeal would lie to the High Court.