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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
Shimla Sharma Daughter of Dhanna Lal Sharma - Legal Heirs (Deceased Complainant) – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing the instant petition a challenge has been led to the impugned order dated 21.10.2013 passed by the Additional District & Sessions Judge No.8, Jaipur Metropolitan, Jaipur by which the appeal submitted by the appellant-deceased-petitioner No.1 Smt. Shimla Sharma was dismissed as abated on account of her death.
2. Learned counsel for the petitioners submits that petitioner Nos. 1/1 to 1/4 are legal heirs of the deceased-victim-Smt. Shimla Sharma, who filed a criminal complaint against the accused- respondents No. 2 to 4 for the offences under Sections 420, 467, 468, 471 & 120B IPC alleging therein that her grandfather-Shri Govind Narayan was the khatedar of a land bearing Khasra No.102 measuring 1 Beegha 5 Bisva. After death of her grandfather in the year 1974, the petitioner No.1-Smt. Shimla Sharma’s father- Dhanna Lal Sharma, being Legal Representative of Govind Narayan was supposed to be the lawful owner of all his properties including the aforesaid land. However, at the time of death of her grandfather-Shri Govind Narayan, the accused-respondents in collusion with Sarpanch of the Gram Panchayat and the revenue officers opened mutation
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.
Proviso to Section 372 CrPC makes it discernible that a victim shall have a right to prefer an appeal against any order passed by Court acquitting accused or convicting accused for a lesser offence o....
Victims have the statutory right to appeal acquittals under Section 372 of the CrPC, ensuring access to justice irrespective of complainant status, broadening the definition of 'victim' to encompass ....
The right to appeal for the victim under the proviso to Section 372 of the Code is prospective in nature and has been made enforceable w.e.f. 31.12.2009.
(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....
The victim's right to appeal is absolute and does not require leave; however, a reasonable limitation period of 90 days from judgment knowledge is suggested for filing appeals against acquittals.
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