STATE OF MAHARASHTRA Vs. VIJAY WAMAN PATIL

JUDGEMENT

(1.) These matters have been placed before us upon reference made on 17th February 2009 by Hon'ble Mr.Justice A.S. Oka. In Criminal Appeal No. 294 of 1996, the following question of law is referred to the Division Bench:

(2.) It is stated that reference was necessitated because there are conflicting views expressed by Single Judges of this Court on the applicability of Criminal Procedure Code (Amendment) Act, 2005 (hereinafter referred to as Amended Act). This amended act came into force on 23rd June 2006. The divergence of opinion is as to whether Amended Act will apply to appeals which are filed and pending prior to 23rd June 2006. A learned Single Judge of this Court in State of Maharashtra v. H.P. Waidande and Ors. in Cri. Application No. 2937 of 2006 decided on 17th November 2006 : 2007 All M.R. (Cri) 41 took a view that the amendment Act will not apply to appeals filed prior to this date and another learned Judge took a view that the Amendment Act will apply to appeals against acquittal which are filed on or prior to 23rd June 2006. To resolve this conflict, the above question has been referred to a Larger Bench and that is how this reference is placed before us.

(3.) Before proceeding further, it would be advantageous to refer to the provisions for filing an appeal against Acquittal. Prior to the Amendment Act being brought into force, Section 378 of Cr.P.C. read as under: