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DELHI HIGH COURT
BADAR DURREZ AHMED, MANMOHAN SINGH
Chattar Singh – Appellant
Versus
Subhash – Respondent


JUDGMENT

Badar Durrez Ahmed, J. Mr Chattar Singh has filed this appeal under the proviso to section 372 of the Criminal Procedure Code, 1973 (hereinafter referred to as : the Code'), claiming himself to be a `victim'. The appeal is directed against the judgment dated 06.01.2010 delivered by the learned Additional Sessions Judge, North East, Karkardooma Courts, Delhi whereby the respondent nos. 1 to 4 who had been charged under sections 120-B, 364 r/w 120-B, 302 r/w 120-B and 201 r/w 120-B IPC, were acquitted.

2. The primary question which arises in this case is with regard to the maintainability of the appeal. Can Mr Chattar Singh, the father of the deceased Satish, be regarded as a "victim" for the purposes of the proviso to section 372 of the Code? Who is a 'victim' for the purposes of the proviso to section 372 of the Criminal Procedure Code, 1973?

3. The proviso to section 372 of the Code stipulates that a "victim" shall have a right to prefer an appeal against any order passed by the court whereby :-

    (a) the accused is acquitted; or

    (b) the accused is convicted for a lesser offence; or

    (c) inadequate compensation is imposed.

The word "victim" is defined in section

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