SRIKAND PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter has been referred to this Bench, as per the order of Hon'ble Chief Justice, to consider the question as to whether in the matter of conviction under Section 10 of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act'), an appeal lies against the order of conviction passed under the above section of law.

(2.) Facts (in Crl. Revn No. 472/03) leading to the present reference, may be noted in brief. The petitioner Shri A. K. Mishra was tried before Shri C. J. S. Behra, Commandant, 114 Bn. Central Reserve Police Force, Rani, Kamrup, who has also been empowered and conferred with the powers of Judicial Magistrate 1 st Class under the Act, for commission of the offence under Section 10 (n)(p) of the Act in Case No. 04/01 and the petitioner was convicted under the above section of law sentencing him to imprisonment for six months, vide order dated 19.02.2001. The said order was challenged by the petitioner in Criminal Appeal No. 36/01 and vide impugned order dated 05.05.2003 the Adhoc Additional Sessions Judge, Kamrup, Guwahati dismissed the said appeal holding, inter alia, that the appeal is not maintainable under Section 28 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the Rules'). The appellate Court also relied on the decision of this Court in Union of India Vs. Hari Ram reported in 2003 (1) GLT365 to hold that no appeal lies to Sessions Court.

(3.) Section 10 of the Act provides that for commission of offence under Section 10 of the Act a member of the force may be punished with imprisonment for a term which may extend to one year or with fine which may extend to three months' pay or with both.