IMPORTANT POINT
Section 372 Cr.P.C. has conferred upon a victim a substantive and independent right to maintain an appeal against acquittal.

JUDGMENT

Uday Umesh Lalit, J.

Leave granted in both the matters.

       I Criminal Appeal @ out of SLP (Crl.) No.7014 of 2012)

2. The appellant was tried in Sessions Trial No.22 (WT/K) 2010 in the Court of Additional Sessions Judge, Khowai, West Tripura for having committed offences punishable under Sections 342, 376(2)(b) and 506 IPC and was acquitted of all the charges leveled against him vide judgment of the Trial Court dated 28.04.2011. Respondent No.2, i.e. the victim challenged the acquittal by filing Criminal Appeal No.23 of 2011 in the Gauhati High Court, Agartala Bench. This appeal was filed under Section 372 of Code of Criminal Procedure, 1973 (`Cr.P.C.' for short). When the appeal was listed for admission, an objection was taken that unless "leave" was granted under Section 378(4) of Cr.P.C., the appeal could not be admitted. At this juncture, a petition under Section 482 of Cr.P.C. was filed by Respondent No.2 for treating said criminal appeal under Section 372 read with Section 378 Cr.P.C.

3. The matter was contested. The High Court by its judgment and order dated 06.06.2012 concluded that there was an unfettered right conferred upon the victim by Section 372 Cr. P.C. and that no leave was required for the victim to file such appeal. Consequently, the High Court observed that there was no necessity for converting the appeal to one under Section 372 read with 378 Cr.P.C. The following observations are noteworthy:-

"The proviso to Section 372 has created a right to appeal unfettered of any leave or sanction and it shall automatically lie to the forum where an appeal ordinarily lies against the order of conviction of such court if the said appeal against the judgment and order of acquittal is filed by the victim as defined in Section 2 (wa) of Cr.P.C.

For the reasons as stated above, this court is of the view that even though the right to appeal for the victim has been created by the proviso to Section 372 of Cr.P.C, the said proviso itself is a comprehensive provision, not fettered by any leave or sanction as required for the categories of appeals as depicted in Section 378(1), 378(2) and 378(4) of Cr.P.C. No leave is required for the victim to file an appeal as against the order of acquittal under the proviso to Section 372 of Cr.P.C."

4. The correctness of the decision of the High Court is questioned by the appellant-accused. By order dated 13.08.2014, Mr. Shekhar Naphade, learned Senior Advocate was requested to assist the Court as Amicus Curiae and the matter was directed to be listed for final hearing. In the meantime a decision was rendered by this Court on 06.10.2015 in Satya Pal Singh v. State of Madhya Pradesh, 2015 (15) SCC 613. Paras 14, 15, 17 and 18 of the decision are as under:-

"14. Thus, from a reading of the above said legal position laid down by this Court in the cases referred to supra, it is abundantly clear that the proviso to Section 372 Cr.P.C. must be read along with its main enactment i.e. Section 372 itself and together with sub-section (3) of Section 378 Cr.P.C. otherwise the substantive provision of Section 372 Cr.P.C. will be rendered nugatory, as it clearly states that no appeal shall lie from any judgment or order of a criminal court except as provided by Cr.P.C.

15. Thus, to conclude on the legal issue:

"whether the appellant herein, being the father of the deceased, has statutory right to prefer an appeal to the High Court against the order of acquittal under the proviso to Section 372 Cr.P.C. without obtaining the leave of the High Court as required under sub-section (3) of Section 378 Cr.P.C.?"

this Court is of the view that the 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 and others, as defined under Section 2(wa) Cr.P.C., under the proviso to Section 372, but only after obtaining the leave of the High Court as required under sub-section (3) of Section 378 Cr.P.C. The