2013 (10) TMI 1485 - HC - Indian Laws

Summary

Issues Involved:
1. Applicability of amended Section 372 of the Code of Criminal Procedure (Cr.P.C.)
2. Right of appeal for complainants in private complaints under Section 372 proviso vs. Section 378(4) Cr.P.C.
3. Definition and rights of 'victim' under Section 2(wa) Cr.P.C.
4. Legislative intent and interpretation of amendments to Cr.P.C.
5. Practical implications and procedural aspects of the right of appeal for victims.

Summary:

1. Applicability of Amended Section 372 Cr.P.C.:
The core issue discussed is whether a complainant in a private complaint, which ends in acquittal of the accused, can appeal under the amended Section 372 proviso Cr.P.C. or must follow the earlier remedy under Section 378(4) Cr.P.C. requiring special leave from the High Court.

2. Right of Appeal for Complainants in Private Complaints:
The judgment addresses the confusion created by the amendment, noting that various High Courts have differing views. Some courts believe the complainant in a private complaint can appeal under Section 372 proviso if they meet the definition of 'victim' under Section 2(wa) Cr.P.C., while others argue that the remedy remains under Section 378(4) Cr.P.C. The Kerala High Court opined that a complainant who meets the definition of 'victim' is entitled to appeal under Section 372 proviso, thus avoiding redundancy of Section 378(4) Cr.P.C.

3. Definition and Rights of 'Victim':
The term 'victim' as per Section 2(wa) Cr.P.C. includes any person who suffers loss or injury due to the act or omission for which the accused is charged. This definition extends to the complainant in a private complaint, thus allowing them to appeal under Section 372 proviso. The court emphasized that the victim's right to appeal should not depend on whether the case was initiated by a police report or a private complaint.

4. Legislative Intent and Interpretation:
The court applied Heydon's Rule of Interpretation to ascertain the legislative intent behind the amendment. It concluded that the amendment aimed to provide victims with a right to appeal, which should include complainants in private complaints. The court criticized the poor drafting of the amendment and highlighted the need for consistency in legislative drafting.

5. Practical Implications and Procedural Aspects:
The judgment clarified that if a complainant is also a victim, they have the right to appeal under Section 372 proviso. This right is available for judgments rendered after 31/12/2009. The court also noted that procedural guidelines for filing such appeals need to be established. It emphasized that denying the complainant the right to appeal under Section 372 proviso would be unjust, especially when they are compelled to file private complaints due to various circumstances.

Conclusion:
The Kerala High Court concluded that complainants in private complaints, who qualify as victims under Section 2(wa) Cr.P.C., are entitled to appeal under Section 372 proviso as a matter of right. This right is available for judgments rendered after 31/12/2009. The court directed the Registry to return records to the respective parties to enable them to file appeals before the appropriate forum within a month, considering the time the matter was pending before the court for applying Section 14 of the Limitation Act.