Case Note & Summary
The appellant, Ramdas Ajinath Bhandwalkar, filed an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, claiming to be a victim as defined under Section 2(wa) of the Code. His daughter Jyoti, aged 16, went missing on 27 December 2009 and her dead body was found floating in a well on 1 January 2010. The police initially registered an accidental death and conducted an inquiry under Section 174 CrPC. On 4 January 2010, the appellant lodged a report alleging that respondent No.2, Ganesh Sawant, had been pressuring Jyoti to marry him and threatening her, leading to her suicide. A case was registered under Sections 306 and 506 of the Indian Penal Code, 1860, and respondent No.2 was arrested and prosecuted. The Additional Sessions Judge, Osmanabad, acquitted respondent No.2, holding that the prosecution failed to prove guilt. The State of Maharashtra did not appeal. The appellant, as the father of the deceased, filed the present appeal. The High Court examined the maintainability of the appeal. It noted that the appellant was not the complainant in the case; the complaint was lodged by the police. The court held that the right of appeal under the proviso to Section 372 CrPC is available only to a victim who was the complainant in the case. Since the appellant was not the complainant, he could not maintain the appeal. The court also observed that even if the appellant were a victim, the appeal would be against an order of acquittal, and the scope of interference in such appeals is limited. However, the court did not go into the merits of the evidence. The appeal was dismissed as not maintainable.
Headnote
A) Criminal Procedure - Right of Appeal by Victim - Section 372 proviso, Section 2(wa) CrPC - The proviso to Section 372 CrPC confers a right of appeal on a victim against an order of acquittal only if the State fails to appeal, but the victim must have been a complainant in the case; a person who merely claims to be a victim but was not the complainant cannot maintain such an appeal. (Paras 6-8)
Issue of Consideration
Whether the appellant, claiming to be a victim under Section 2(wa) CrPC, can maintain an appeal against an order of acquittal under the proviso to Section 372 CrPC when the State has not appealed and the appellant was not the complainant in the case.
Final Decision
Appeal dismissed as not maintainable. The appellant, not being the complainant, had no right of appeal under the proviso to Section 372 CrPC.
Law Points
- Right of appeal by victim under proviso to Section 372 CrPC is available only when the State fails to appeal against an order of acquittal
- but the victim must have been a complainant in the case
- the victim cannot challenge acquittal on merits if the State has not appealed and the victim was not the complainant.
