Case Note & Summary
The judgment deals with two criminal appeals filed by victims under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (CrPC), which was introduced by Act No.5 of 2009 with effect from 31st December 2009. The provision confers a right on a victim to prefer an appeal against an order acquitting the accused, convicting for a lesser offence, or imposing inadequate compensation. In Criminal Appeal No.218 of 2012, the appellant challenged the acquittal of the first respondent for an offence under Section 302 of the Indian Penal Code. In Criminal Appeal No.1548 of 2011, the appellant filed Criminal Application No.1129 of 2012 seeking action under Section 390 CrPC against respondent Nos.2 to 5, who are accused. The court admitted both appeals and considered two issues: (i) whether Section 390 CrPC can be invoked in a victim's appeal under Section 372 proviso, and (ii) whether the appellate court can issue a warrant to procure the presence of the accused and commit them to prison pending disposal of the appeal. The court held that Section 390 CrPC applies to all appeals, including those filed by victims, and the appellate court has the power to arrest and commit the accused if there is a possibility of conviction for an offence punishable with death or imprisonment for life. The court noted that in the undertakings filed by some respondents, they disclosed their addresses and contact numbers, indicating their availability. The judgment clarifies the procedural powers of the appellate court in victim appeals.
Headnote
A) Criminal Procedure - Victim's Appeal - Section 372 proviso, Section 390 CrPC - Power to Arrest and Detain - The court considered whether in a victim's appeal against acquittal, the appellate court can exercise powers under Section 390 CrPC to arrest and commit the accused to prison pending disposal. Held that Section 390 applies to all appeals, including those filed by victims under the proviso to Section 372, and the court can issue warrant and commit the accused if there is a possibility of conviction for an offence punishable with death or imprisonment for life. (Paras 1-3) B) Criminal Procedure - Section 390 CrPC - Scope and Application - The court examined the language of Section 390 which states that 'pending any appeal' the appellate court may arrest the accused and commit him to prison. Held that the provision is not restricted to appeals filed by the State or accused, and includes appeals by victims under Section 372 proviso. (Paras 1-3)
Issue of Consideration
(i) Whether action under Section 390 of the Cr.P.C. can be initiated against the respondent accused in an appeal preferred by the victim under the proviso to Section 372? (ii) Whether the Court before which such appeal is preferred has power to procure presence of the respondent accused by issuing warrant and, whether the appellate Court can commit the respondent accused to prison pending the disposal of appeal?
Final Decision
The court held that Section 390 CrPC applies to appeals filed by victims under the proviso to Section 372 CrPC, and the appellate court has the power to issue warrant and commit the accused to prison pending disposal of the appeal if there is a possibility of conviction for an offence punishable with death or imprisonment for life. The court noted the undertakings filed by some respondents and proceeded to consider the applications.
Law Points
- Victim's right to appeal under proviso to Section 372 CrPC
- Power of appellate court under Section 390 CrPC to arrest and commit accused pending appeal
- Interpretation of Section 390 CrPC in context of victim's appeal
