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Issues Involved:
1. Definition and scope of the term "victim" under Section 2(wa) read with proviso to Section 372 CrPC. 2. Right of the complainant in a private complaint case to appeal under proviso to Section 372 or Section 378(4) CrPC. 3. Whether the rights of a victim under the amended CrPC are auxiliary to those of the State. 4. Whether the presentation of appeal against acquittal is a right or an obligation of the State. 5. Appellate forum for a victim's appeal under proviso to Section 372 when the State also appeals under Section 378(1)(a) or (b) CrPC. 6. Prospective or retrospective application of proviso to Section 372 CrPC and conversion of pending revision petitions. 7. Period of limitation for a victim to prefer an appeal under proviso to Section 372 CrPC. Summary: Issue (A): Definition and Scope of "Victim" The term "victim" under Section 2(wa) includes all categories of legal heirs for the purpose of engaging an advocate under Section 24(8) or to prefer an appeal under proviso to Section 372. However, only the wife, husband, parent, and child of a deceased victim are entitled to compensation under Section 357(1)(c), and only dependents requiring rehabilitation are eligible for compensation under Section 357-A. Issue (B): Right of Complainant in Private Complaint Case A complainant who is also a victim in a private complaint case must seek special leave to appeal under Section 378(4) against acquittal. However, if the complainant succeeds in establishing guilt but is aggrieved by conviction for a lesser offense or inadequate compensation, they may appeal under proviso to Section 372. Victims other than the complainant in such cases are governed by Section 378(4) for appeals against acquittal. Issue (C) & (D): Rights of Victim vs. State The rights of a victim under the amended CrPC are substantive and independent, not contingent upon the State's appeal. Consequently, a victim does not need to seek leave or special leave to appeal under proviso to Section 372. Issue (E): Appellate Forum for Victim's Appeal An appeal by a victim against an order of acquittal passed by a Magistrate in respect of a cognizable offense shall lie to the Court of Session. The State's appeal under Section 378(1)(a) against the same order shall also be entertained by the Sessions Court. Issue (F): Prospective or Retrospective Application The proviso to Section 372 CrPC, inserted w.e.f. December 31, 2009, is prospective. Only orders passed on or after this date are appealable by a victim. Revision petitions against orders of acquittal passed before December 31, 2009, cannot be converted into appeals. Issue (G): Period of Limitation The period of limitation for a victim to prefer an appeal under proviso to Section 372 is: - In case of acquittal: 90 days to the High Court, 60 days to the Sessions Court. - For any other sentence or order: 60 days to the High Court, 30 days to the Sessions Court from the date of knowledge of the order. Conclusion: The judgment clarifies the rights and procedural aspects for victims under the amended CrPC, ensuring their substantive rights to appeal are independent and not auxiliary to the State's rights.
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