2014 Supreme(Raj) 2031

RAJASTHAN HIGH COURT
Govind Mathur, Prakash Gupta, JJ.
Dhanne Singh - Appellant
Versus
State of Rajasthan - Respondent
D.B. Criminal Revision Petition No. 411 of 2012 and No. 145 of 2013.
Decided On : 2-12-2014

The complainant in a complaint case who is also a victim and the victim other than a complainant in such case shall have a remedy of appeal against acquittal under Section 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is aggrieved at the conviction for a lesser offense or imposition of inadequate compensation, for which he/she shall be entitled to avail the remedy of appeal under the proviso to Section 372 of the Code.

Headnote:

CRIMINAL PROCEDURE - APPEAL - ACQUITTAL - COMPLAINANT - VICTIM - DISTINCTION - REMEDY - SECTION 372, 378(4) - INTERPRETATION - LARGER BENCH REFERENCE - ANSWERED.

Fact of the Case:

A Single Bench of the High Court referred the question of whether a complainant in a complaint case can challenge an acquittal by filing an appeal before the Sessions Court under the proviso to Section 372 Cr.P.C. or whether such acquittal can only be assailed by bringing a special leave to appeal application to the High Court under Section 378(4) Cr.P.C. to a Larger Bench.

Finding of the Court:

The Larger Bench held that the complainant in a complaint case who is also a victim and the victim other than a complainant in such case shall have a remedy of appeal against acquittal under Section 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is aggrieved at the conviction for a lesser offense or imposition of inadequate compensation, for which he/she shall be entitled to avail the remedy of appeal under the proviso to Section 372 of the Code. The victim, who is not the complainant in a private complaint case, is not entitled to prefer an appeal against acquittal under the proviso to Section 372 and his/her right to appeal, if any, continues to be governed by the unamended provisions read with Section 378(4) of the Code. Those victims of complaint cases whose right to appeal has been recognized under the proviso to Section 372 are not required to seek leave or special leave to appeal from the High Court in the manner contemplated under Section 378(3) & (4) of the Code.

Issues: 1. Whether a complainant in a complaint case can challenge an acquittal by filing an appeal before the Sessions Court under the proviso to Section 372 Cr.P.C.? 2. Whether such acquittal can only be assailed by bringing a special leave to appeal application to the High Court under Section 378(4) Cr.P.C.?

Ratio Decidendi: 1. The terms complainant and victim have different meanings under the Code of Criminal Procedure. 2. A complainant is a person who makes a complaint to a Magistrate, while a victim is a person who has suffered loss or injury caused by the act or omission for which the accused person has been charged. 3. The proviso to Section 372 Cr.P.C. provides a right of appeal to the victim against any order passed by the Court acquitting the accused or convicting for a lesser offense or imposing inadequate compensation. 4. Section 378(4) Cr.P.C. provides that if an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

Final Decision: The Larger Bench answered the question referred to it by holding that the complainant in a complaint case who is also a victim and the victim other than a complainant in such case shall have a remedy of appeal against acquittal under Section 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is aggrieved at the conviction for a lesser offense or imposition of inadequate compensation, for which he/she shall be entitled to avail the remedy of appeal under the proviso to Section 372 of the Code. The victim, who is not the complainant in a private complaint case, is not entitled to prefer an appeal against acquittal under the proviso to Section 372 and his/her right to appeal, if any, continues to be governed by the unamended provisions read with Section 378(4) of the Code. Those victims of complaint cases whose right to appeal has been recognized under the proviso to Section 372 are not required to seek leave or special leave to appeal from the High Court in the manner contemplated under Section 378(3) & (4) of the Code.