[Rape Conviction Appeals] Identify All Appeals Pending Before HC U/S 374 (4) & 377 (4) CrPC: Patna HC Directs Its Registry

The Patna High Court on Tuesday directed the Registry to take all necessary measures to identify those appeals which are pending before HC and are covered by sub-section (4) of Section 374 or sub-section (4) of Section 377 of the Code of Criminal Procedure.

It may be noted that Section 374 (4) CrPC mandates that when a person convicted under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, or section 376E of IPC moves an appeal against his conviction, such appeal shall have to be disposed within 6 months.

Similarly, Section 377 (4) CrPC mandates that when the state government moves an appeal against a sentence passed under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, or section 376E of IPC, such appeal shall have to be disposed within 6 months.

Essentially, in the instant case, the Bench of Justice Chakradhari Sharan Singh and Justice Khatim Reza was dealing with the appeal filed by one Guddu Kumar, against his conviction under Sections 363, 366A, 376 of the Indian Penal Code, Section 3(1) (w)(i), 3(2)(v) of the SC & ST Act, 1989.

The Court noted that even though the appeal had been filed in July 2018 but it could not be disposed of despite being pending for nearly four years. In this regard, taking into account the mandate of sub-section (4) of Section 374 CrPC, the Court observed thus:

"...the expression 'shall' in sub-section (4) of Section 374 of the Code of Criminal Procedure cannot be lost sight of as it discloses the legislative intention underlying the said provision for expediting disposal of such appeals within a period prescribed under the said provision."

The Court also noted that Criminal Law (Amendment) Ordinance, 2018 was promulgated on 21.04.2018, which stipulated, inter alia, that appeal against the judgment of conviction or acquittal in relation to offences punishable under section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code must be disposed of within six months from the date of filing of the appeal.

Against this backdrop, the Court stressed upon the urgent need of expediting the final hearing and disposal of appeals covered by sub-section (4) of Section 374 and sub-section (4) of Section 377 of CrPC and therefore, it directed the registry to identify such appeals so that "effective steps may be taken for getting such matters listed under appropriate heading after obtaining necessary orders from Hon'ble the Chief Justice"

The Court also listed the instant case for hearing on 19.07.2022

Case title - Guddu Kumar v. The State Of Bihar

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