1. The petitioner herein is victim of a crime registered and punishable under Sections 294, 323, 452 and 506 Part-II read with Section 34 of the IPC. On his police report, respondents No. 2 to 4 were charge-sheeted by the Station House Officer, Police Station Civil Lines, Raipur and ultimately, they were convicted by the jurisdictional criminal Court in Criminal Case No. 319/2013 on 28-2-2014 for the aforesaid offences and were sentenced to RI for one year with fine of Rs. 100/- each under Section 452of the IPC and also to pay fine of Rs. 100/- each under Sections 294, 323 & 506 Part-II read with Section 34 of the IPC. Feeling dissatisfied with the judgment of conviction and order of sentence passed by the trial Magistrate, they preferred an appeal under Section 374 (3) of the Cr.P.C. before the Court of Sessions. The said Court by its judgment dated 12-3-2015 passed in Cr. A. No. 69/2014 acquitted respondents No. 2 to 4, the accused therein from the offences charged. The petitioner herein/victim preferred an appeal before this Court under proviso to Section 372 of the Cr.P.C. being Acquittal Appeal No. 77/2015 (Sunil Jangde v. State of Chhattisgarh and others). The said acquittal appeal has been dismissed by a coordinate Bench of this Court by judgment dated 6-7-2015 holding that the victim has no right to prefer acquittal appeal under proviso to Section 372 of the Cr.P.C. as respondents No. 2 to 4 were acquitted by the appellate Court in a criminal appeal filed under Section 374(3) of the Cr.P.C. Thereafter, the victim has preferred this revision against the order of acquittal, as liberty was granted to him by the coordinate Bench to prefer revision under Section 397 read with Section 401 of the Cr.P.C.

2. Mr. Ashish Surana, learned counsel appearing for the petitioner/victim, would submit that according to him, against the order of acquittal whether by the trial Magistrate or in appeal preferred by the accused, the remedy of a victim available would be to prefer an appeal under proviso to Section 372 of the Cr.P.C. but since the appeal filed by the victim has been dismissed as not maintainable by the coordinate Bench of this Court, he has no option except to prefer revision which has been preferred and the same deserves to be admitted for final hearing, as the findings are perverse and there is jurisdictional error in the order acquitting the accused persons.

3. At this stage, it would be appropriate to notice proviso to Section 372 of the Cr.P.C.

"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."

4. On a meaningful and careful perusal of proviso to Section 372 of the Cr.P.C. it would appear that first part of the proviso creates an unqualified and substantive right in favour of the victim to prefer an appeal against any order passed by the Court acquitting the accused and second part enumerates the forum before whom appeal against the order of acquittal would lie and to be preferred by the victim. Thus, right of the victim to prefer appeal against the order of acquittal is unfettered and substantial i.e. not controlled by second part of proviso to Section 372 of the Cr.P.C. which provides forum before whom appeal shall lie. If in a given case, the appellate Court affirms conviction of the accused person, then the accused person admittedly has no further right to prefer appeal before the High Court, that would not mean that the victim shall have also no right to prefer appeal against the order of acquittal passed in criminal appeal by the appellate Court, as the remedy available to the accused person upon decision in a criminal appeal would not limit or restrict the right of victim to prefer appeal. The right of victim to prefer appeal under proviso to Sect