STATE Vs. GAYADIN

JUDGEMENT

(1.) Gayadin son of Binde Gadariya was tried by the Special Judge Bhind, constituted under Section 12 of the M.B Public Security Act for an offence under Section 396 I.P.C. and was acquitted. The Government have now filed an appeal against an order of acquittal under Section 417 of the Criminal Procedure Code.

(2.) Mr. Dey, learned counsel for Gayadin respondent has raised a preliminary objection that as there is no provision for an appeal against acquittal in the Public Security Act under which the accused was tried, this appeal is incompetent.

(3.) The learned counsel has argued that the Public Security Act is a Special Act and Section 19 of the Act makes provision for appeal and revision. But although it is provided that a convicted person can file an appeal to the High Court, yet there is nothing in the Act to entitle the Government to file an appeal against acquittal. In support of his contention he relies upon Supdt. and Remembrancer of Legal Affairs Bengal v. Luchmi Narayan, AIR 1933 Cal 776(1).