Criminal Procedure Code, 1973 S. 372, 378 - Right of questioning the correctness of the judgment and order of acquittal by preferring an appeal to the High Court is conferred upon the victim including the legal heir  as defined - Under Section 2(wa) of Code of Criminal Procedure, under proviso to Section 372, but only after obtaining the leave of the High Court as required Under Sub-section (3) to Section 378 of Code of Criminal Procedure. (183) PLR (Del.)

Criminal Procedure Code, 1973 S. 372, 378(3), (4) - Victims of complaint-cases whose right to appeal have been recognized under proviso to Section 372, are not required to seek `leave' or `special leave' to appeal from the High Court in the manner contemplated under Section 378(3) & (4) of the Code. (173) PLR

Criminal Procedure Code, 1973 S. 372, 378(4) - Victim - Complainant - Case - Appeal against acquittal - Complainant in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal under Section 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is aggrieved at the conviction for a lesser offence or imposition of an inadequate compensation, for which he/she shall be entitled to avail the remedy of appeal under proviso to Section 372 of the Code - The `victim', who is not the complainant in a private complaint-case, is not entitled to prefer appeal against acquittal under proviso to Section 372 and his/her right to appeal, if any, continues to be governed by the unamended provisions read with Section 378(4) of the Code. (173) PLR

Criminal Procedure Code, 1973 S. 372 - Appeal by victim - Period of limitation for an appeal by a `victim' under proviso to Section 372. (173) PLR

Criminal Procedure Code, 1973 S. 372 Proviso, 38(1)(a) - In view of proviso to Section 372 an appeal preferred by a `victim' against the order of acquittal passed by a Magistrate in respect of a cognizable offence whether bailable or non-bailable shall lie to the Court of Session, the State's appeal under Section 378(1)(a) of the Code against that very order shall also be entertained and/or transferred to the same Sessions Court. (173) PLR

 

Criminal Procedure Code, 1973 S. 372 Proviso (as inserted) - Proviso to Section 372 inserted w.e.f. December 31, 2009 is prospective in application and only those orders which have been passed on or after December 31, 2009, irrespective of the date of occurrence or registration of FIR or filing of complaint, shall be appealable at the instance of a `victim' under the afore-stated proviso - Consequently, a revision petition preferred against an order of acquittal passed prior to December 31, 2009 cannot be converted into an appeal and shall be decided accordingly. (173) PLR