2012 (10) TMI 1166 - HC - Indian Laws

Summary

Issues Involved:
1. Maintainability of an appeal by the victim u/s 372 of Cr.P.C. when the State has already filed an appeal.
2. Maintainability of an appeal by the State when the victim has already filed an appeal u/s 372 of Cr.P.C.
3. Requirement for the victim to seek leave of the Court for filing an appeal u/s 372 of Cr.P.C.

Summary:

Bhaskar Bhattacharya, C.J.

Issue 1: Maintainability of an appeal by the victim u/s 372 of Cr.P.C. when the State has already filed an appeal

The Court held that the appeal filed by the victim under the proviso to Sec. 372 of Cr.P.C. is maintainable. The right of the victim to prefer an appeal is a separate and independent statutory right and is not dependent either upon or subservient to the right of appeal of the State. The victim's right to appeal against acquittal, conviction for a lesser offence, or inadequate compensation is distinct from the State's right to appeal against inadequacy of sentence.

Issue 2: Maintainability of an appeal by the State when the victim has already filed an appeal u/s 372 of Cr.P.C.

The Court concluded that the appeal by the State is maintainable even if the victim has already filed an appeal under the proviso to Sec. 372 of Cr.P.C. Both the victim and the State/prosecution can file appeals independently without being dependent on the exercise of the right by the other.

Issue 3: Requirement for the victim to seek leave of the Court for filing an appeal u/s 372 of Cr.P.C.

The Court held that if the victim also happens to be the complainant and the appeal is against acquittal, he is required to take leave as provided in Sec. 378 of Cr.P.C. However, if the victim is not the complainant, he is not required to apply for or obtain any leave. For the appeal against inadequacy of compensation or punishment on a lesser offence, no leave is necessary at the instance of a victim, whether he is the complainant or not.

Conclusion:

The Reference is disposed of accordingly. The appeals and the application are to be listed before the appropriate Court.