Case Note & Summary
The case involves a criminal revision application filed by Ku. Ragini d/o Rajesh Chourasia, the victim of offences punishable under Sections 354A, 354D, 323, and 506 of the Indian Penal Code. The respondent no. 2, Hiranand s/o Gajanmal Gurnani, was prosecuted for these offences. The Judicial Magistrate First Class, Court No. 2, Gondia, acquitted the accused on 31-7-2017. The victim then appealed to the Sessions Judge, Gondia, but the learned Additional Sessions Judge, by judgment dated 21-6-2018, dismissed the appeal on the ground that it was not maintainable in view of Sections 372 and 378(3) of the Code of Criminal Procedure, 1973. The victim approached the High Court by way of this criminal revision. The High Court heard the parties. The victim's counsel argued that the offence occurred in 2016, the acquittal was in 2017, and the amendment to Section 372 Cr.P.C. came into force in 2009, thus the appeal before the Sessions Court was maintainable. The State and the accused supported the impugned order. The High Court examined Section 372 Cr.P.C. and noted that before 2009, there was no provision for a victim to file an appeal, but after the 2009 amendment, the proviso to Section 372 Cr.P.C. allows a victim to appeal against an order of acquittal passed by a Judicial Magistrate First Class before the Sessions Court. The High Court held that the Sessions Judge erred in dismissing the appeal as not maintainable. The High Court set aside the impugned order and remitted the matter to the Sessions Court for fresh consideration on merits, directing the parties to appear before the Sessions Court on 13-5-2019.
Headnote
A) Criminal Procedure - Right of Victim to Appeal Acquittal - Maintainability of Appeal - Section 372 proviso, Code of Criminal Procedure, 1973 - The victim challenged the dismissal of her appeal by the Sessions Judge on the ground that the appeal was not maintainable under Section 372 and Section 378(3) Cr.P.C. - The High Court held that after the 2009 amendment, the proviso to Section 372 Cr.P.C. confers a right on the victim to appeal against an order of acquittal passed by a Judicial Magistrate First Class before the Sessions Court - The Sessions Judge erred in dismissing the appeal as not maintainable - Held that the appeal is maintainable and the matter is remitted to the Sessions Court for fresh consideration on merits (Paras 5-8).
Issue of Consideration
Whether the appeal filed by the victim before the Sessions Court against the acquittal of the accused by the Judicial Magistrate First Class is maintainable in view of the proviso to Section 372 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court allowed the criminal revision application, set aside the impugned order dated 21-6-2018 passed by the Additional Sessions Judge, Gondia, and remitted the matter to the Sessions Court for fresh consideration on merits. The parties were directed to appear before the Sessions Court on 13-5-2019.
Law Points
- Right of victim to appeal acquittal
- Maintainability of appeal by victim before Sessions Court
- Amendment to Section 372 Cr.P.C. in 2009
- Victim's right under Section 372 Cr.P.C. proviso
Case Details
2019 LawText (BOM) (04) 193
Criminal Revision Application No. 182 of 2018
Shri R. K. Borkar for revisionist/applicant; Shri H. D. Dubey, APP for respondent no. 1; Shri Vivek Awchat for respondent no. 2
Ku. Ragini d/o Rajesh Chourasia
The State of Maharashtra through the P.S.O. of P.S. Ramnagar, Gondia; Hiranand s/o Gajanmal Gurnani
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Nature of Litigation
Criminal revision application challenging the dismissal of appeal by Sessions Judge on ground of maintainability.
Remedy Sought
The victim sought to set aside the order of the Sessions Judge dismissing her appeal against acquittal and to restore the appeal for hearing on merits.
Filing Reason
The Sessions Judge dismissed the victim's appeal against acquittal as not maintainable under Sections 372 and 378(3) Cr.P.C.
Previous Decisions
The Judicial Magistrate First Class, Court No. 2, Gondia acquitted the accused on 31-7-2017. The Additional Sessions Judge, Gondia dismissed the appeal on 21-6-2018.
Issues
Whether the appeal filed by the victim before the Sessions Court against the acquittal of the accused by the Judicial Magistrate First Class is maintainable in view of the proviso to Section 372 Cr.P.C.?
Submissions/Arguments
The victim's counsel argued that the offence occurred in 2016, the acquittal was in 2017, and the amendment to Section 372 Cr.P.C. came into force in 2009, thus the appeal before the Sessions Court is maintainable. He relied on Mallikarjun Kodagali (Dead) through Lrs Vs. State of Karnataka and ors.
The State and the accused supported the impugned order, arguing that the appeal was not maintainable.
Ratio Decidendi
The proviso to Section 372 of the Code of Criminal Procedure, 1973, as amended in 2009, confers a right on the victim to appeal against an order of acquittal passed by a Judicial Magistrate First Class before the Sessions Court. The Sessions Judge erred in dismissing the appeal as not maintainable on the ground that it was not provided under Section 372 or Section 378(3) Cr.P.C.
Judgment Excerpts
Before 2009, there was no provision of filing appeal by the victim before the first appellate Court but after amendment in the year 2009, the victim can challenge the order of acquittal passed by Judicial Magistrate First Class before the Sessions Judge.
Section 372 of Cr.P.C. reads as under : 372. No appeal to lie unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
Procedural History
The Judicial Magistrate First Class, Court No. 2, Gondia acquitted the accused on 31-7-2017. The victim appealed to the Sessions Judge, Gondia, which was dismissed on 21-6-2018 on the ground of maintainability. The victim then filed Criminal Revision Application No. 182 of 2018 before the High Court of Bombay, Nagpur Bench.
Acts & Sections
- Indian Penal Code, 1860: 354A, 354D, 323, 506
- Code of Criminal Procedure, 1973: 372, 378(3)
