LAWS(BOM)-2020-7-43

SURAJ S. PAITHANKAR Vs. STATE OF MAHARASHTRA

Decided On July 03, 2020
Suraj S. Paithankar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) On 19/06/2020, this Court (Coram: Sarang Kotwal, J.) recorded an objection raised by the APP that since the offence alleged is under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, (Hereinafter referred to as 'Act of 1989' for the sake of brevity) an appeal would be required to be preferred under Section 14(A) of the Act of 1989. For consideration of the said objection, matter was subsequently listed and Mr. Desai, learned counsel for the Applicant has placed on record following Judgments:

(2.) The Judgments relied upon by Mr. Desai which are delivered by the Allahabad High Court, Madras High Court clearly lay down a position of law to the effect that Protection of Children from Sexual Offences Act, 2012 (Hereinafter referred to as 'POCSO Act' for the sake of brevity) being a special enactment and also a subsequent enactment and containing non obstante clause, the bar created under Section 14 (A) of the Act of 1989 would not operate. I have perused the aforesaid Judgments and I am in agreement with the ratio laid down in the aforesaid Judgments.

(3.) After scrutinizing the legal position and the Judgments relied by Mr. Desai and the learned APP who also fairly concedes to the position of law and has consented for proceeding to hear the matter on its merits.