Held, Section 378 of Code provides for the competence of the State Government to file an appeal from the judgment and order of acquittal. Section 378 Sub-section (1), opens with the words - "save as otherwise provided in Sub-section (2)"- 378 (2) refers to two class of cases, namely, (i) those cases where the offence has been investigated by the Delhi Special Police Establishment constituted under 1946 Act and (ii) those cases where the offence has been investigated by any other agency empowered to make investigation into an offence under any Central Act other than 1973 Code. Thus, Section 378 permits appeal from an order of acquittal by the State Government in every case, except two class of cases mentioned in Sub-section (2) of Section 378. Full effect has to be given to the exception (clause) articulated in the opening words. In the present case, the State Government has no competence to file an appeal from the judgment passed by Special Judge, CBI acquitting the accused persons when the case has been investigated by the Delhi Special Police Establishment (CBI). Appeals allowed.
