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A Supreme Court bench consisting of Justice Kishan Kaul and Justice KM Joseph passed an order against the Allahabad High Court, where it was stated that a victim has the right to appeal against any order of acquittal of the accused under Section 372 of the Code of Criminal Procedure.
In the above case the accused- respondents were tried for offences under section 452 (house trespass after preparation for hurt) ,302 (punishment for murder) and section 34 (common intention) under the Indian Penal Code.
After being acquitted, the State Government filed an appeal and such leave was denied by the High Court. Subsequently, the Victim filed another appeal before another bench which also denied it on the grounds that the State Governments appeal was denied. When the matter went before the Supreme Court, it was contended that since the rights of the victim have been enlarged by the proviso to section 372 of the CRPC, the right of appeal must be available to the victim.
The Court held that the victim has the right to appeal under section 372 of the CRPC without any leave being sought and the appeal was allowed.
The proviso under section 372 is:
Provided that the victim shall have a right to prefer an appeal against any order passed by the Courtacquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and suchappeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such court.”
Click here to view the Judgement