PURVANG UMESHCHANDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision is directed against an order dated 19.9.1997 of Additional Sessions, Surat, rejecting the application of the revisionist for not taking cognizance of the offence punishable under Sections 376, 506(2) and section 114 of the Indian Penal Code as well as under Section 3(11) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Shri K.J. Shethna, learned counsel for the revisionists, and Shri K.C. Shah, learned counsel for the respondent - State of Gujarat, have been heard.

(3.) Shri Shethna has raised two points assailing the impugned order. His first contention has been that the Sessions Judge (Special Judge under the Atrocities Act) could not have taken the cognizance of the offence u/s 3 (11) of the Act directly without being committed by the concerned Magistrate having jurisdiction to conduct enquiry in the case. His next contention has been that two distinct offences committed on different dates were included in one charge sheet and such charge sheet was illegal and no cognizance of two different offences committed on different dates could be taken by the learned Additional Sessions Judge.