2012 (3) TMI 600 - HC - Indian Laws

Summary

Issues Involved:
1. Maintainability of the criminal appeal under Section 372 Cr.P.C.
2. Interpretation of the term "victim" u/s 2(wa) Cr.P.C.
3. Applicability of Section 378 Cr.P.C. in the context of the case.

Summary:

1. Maintainability of the Criminal Appeal under Section 372 Cr.P.C.:
The applicants filed an application u/s 482 Cr.P.C. to quash the order dated 9.2.2012 by the Additional Sessions Judge, Allahabad, which rejected their preliminary objection regarding the maintainability of a criminal appeal filed by the victim lady, Smt. Asha Srivastava, under Section 372 Cr.P.C. The court held that the victim has a right to prefer an appeal against the judgment and order of acquittal.

2. Interpretation of the Term "Victim" u/s 2(wa) Cr.P.C.:
The court examined the definition of "victim" as per Section 2(wa) Cr.P.C., which includes any person who has suffered loss or injury due to the act or omission for which the accused is charged. The court emphasized that the term "victim" encompasses those who suffer harm to body, mind, reputation, or property, thus granting them the right to appeal under the proviso to Section 372 Cr.P.C.

3. Applicability of Section 378 Cr.P.C.:
The court discussed the provisions of Section 378 Cr.P.C., which deals with appeals in cases of acquittal. It noted that the amendments made by the Cr.P.C. (Amendment) Act, 2008 (5 of 2009) did not alter Section 378 Cr.P.C. The court clarified that the insertion of the proviso to Section 372 Cr.P.C. and the definition of "victim" were intended to provide relief to victims of offenses, particularly in cases of cruelty, dowry demands, and other matrimonial disputes. The court concluded that the victim should not be compelled to seek leave to appeal from the High Court and upheld the Additional Sessions Judge's decision to admit the appeal filed by the victim lady.

Conclusion:
The application under Section 482 Cr.P.C. was dismissed, affirming the victim's right to file an appeal against the order of acquittal before the Sessions Court, thereby providing her with a statutory right to seek immediate relief without unnecessary technicalities.