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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Meera Devi, Wife Of Shailendra Kumar Sahu – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
The present criminal revision petition has been preferred by the petitioner/Meera Devi (Informant) against the impugned judgment dated 09.07.2019 passed by learned Additional District and Sessions Judge-III, Naugachia in Criminal Appeal No. 75 of 2018, whereby Criminal Appeal filed by the O.P. No.2/Raghvendra Kumar Sahu has been allowed, setting aside the judgment of conviction and the order of sentence dated 31.07.2018 passed by Shri Rahul Kumar, learned A.C.J.M-III, Naugachia in G.R. Case No. 559 of 2004 corresponding to Parbatta P.S. Case No. 258 of 2004, whereby Raghvendra Kumar Sahu was found guilty under Sections 448 and 323 of the INDIAN PENAL CODE and was sentenced accordingly.
Factual Background
2. The factual background of the case is that on the basis of the fardbeyan of one of the victims, namely, Meera Devi, who is petitioner herein, Parbatta P.S. Case No. 258 of 2004 was registered on 14.08.2004 against Raghvendra Kumar Sahu (O.P. No.2 herein).
3. Subsequent to the investigation, charge-sheet was submitted, cognizance was taken and charge was framed under Sections 448 , 323, 341 and 504 of the INDIAN PENAL CODE and thereafter, trial commence
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 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 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.
(1) Appeal against acquittal – Victim of an offence has right to prefer appeal under proviso to Section 372 of Cr.P.C., irrespective of whether he is a complainant or not – Even if victim of an offen....
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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