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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Suman Devi Wife of Shri Nandan Kishore Jha – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of criminal revision. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments concerning maintenance of criminal revision. (Para 6 , 7 , 8) |
| 3. court’s observations on procedural issues and legal remedies. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. final conclusion and order regarding conversion to appeal. (Para 30) |
JUDGMENT :
JITENDRA KUMAR, J.
The present criminal revision petition has been preferred against the impugned judgment dated 07.12.2016 passed by learned Additional District and Sessions Judge-I, Naugachia in Criminal Appeal No. 77 of 2014, whereby the appeal was allowed, setting aside the judgment of conviction and order of sentence dated 06.06.2014, passed by learned S.D.J.M., Naugachia whereby O.P. No.2/Mahendra Jha and O.P. No.3/Nandan Kishore Jha were convicted under Sections 3 23 , 498A and 406 read with Section 3 4 of the INDIAN PENAL CODE and Sections 3 and 4 of Dowry Prohibition Act and sentenced accordingly.
Factual Background
2. The factual background of this case is that the victim, Suman Devi W/o Nandan Kishore Jha had filed one Criminal Complaint Case No. 85 of 2006 against four
The victim of a crime has an absolute right to appeal against acquittal without seeking special leave as per the Proviso to Section 372 of the Criminal Procedure Code.
The victim has an absolute right to appeal against an acquittal under Section 372 Cr.PC, without the need for special leave.
(1) Appeal against acquittal – Right of victim to file appeal under Proviso to Section 372 Cr.P.C. is absolute and victim requires no Leave or Special Leave to file appeal to High Court.(2) Appeal ag....
The right to appeal granted to victims is prospective and applies only to judgments issued on or after December 31, 2009; earlier judgments can only be challenged through revisions.
The appeal rights of victims and complainants are distinct; complainants must seek special leave under Section 378(4) while victims can appeal under Section 372 under specified conditions.
Point of Law : It is a settled law that the right to file an appeal is a statutory right and it can be circumscribed by condition / conditions of the statute granting it.
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