Legal Provisions Involved: Section 378 of the CrPC; Sections 279, 337, 338 and 304-A of the IPC; Article 21 of the Constitution of India.

Judgement By: Karnataka High Court.

Judge/Bench: Justice G. Basavaraja

Facts

The case relates to a road accident where the accused was alleged to have driven a bus rashly, causing injuries to several people and the death of one person. The Judicial Magistrate, after trial, acquitted the accused. The State challenged this acquittal before the Sessions Court, which set aside the acquittal and convicted the accused. The accused then approached the High Court, arguing that the Sessions Court had no authority to hear the appeal.

Key Legal Provisions

Section 378 of the CrP.C.

Sections 279, 337, 338 and 304-A of the IPC

Article 21 of the Constitution of India

Issues Raised

Whether an appeal against acquittal in bailable offences can be filed before the Sessions Court?

Arguments of the Case

The accused contended that since all the offences were bailable, the State should have approached the High Court. The State defended the Sessions Court’s decision.

Judgement

The High Court held that after the 2005 amendment, appeals against acquittal in bailable offences lie only before the High Court. The Sessions Court’s order was held to be without jurisdiction and invalid. The original acquittal was restored, and any fine paid by the accused was ordered to be refunded.

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