The legal point established is that the mother of the victim, as the informant, falls within the definition of 'victim' under Section 2(wa) Cr.P.C. and is entitled to file an appeal against the judgment of acquittal in cases involving specified offenses.

1. Heard Sri Diwakar Pratap Pandey, learned counsel for applicant, learned A.G.A. and perused the record.

2. Present application under Section 378 Cr.P.C. has been filed by the informant/mother of the victim (who is minor) against the judgment of acquittal dated 12.10.2018 passed by the trial court in S.T. No. 428/2016 arising out of Case Crime No. 396/2016, under Section 376/366/506 I.P.C., P.S. - Rudauli, District Faizabad.

3. Learned A.G.A. has raised an objection to the effect that in view of the judgment given by a Full Bench of this Court in the case of Manoj Kumar Singh Vs. State of U.P. and others, (2016) 97 AllCriC 861, the mother of the victim cannot file the appeal against judgment of acquittal, so the present appeal under Section 372 Cr.P.C. against the judgment of acquittal dated 12.10.2018 on behalf of the victim through his mother although she is a complaint is not maintainable.

4. Learned counsel for applicant, in rebuttal, submits that in the present case, the victim is minor and the matter relates to rape of the victim, so the appeal can be filed by the mother of the victim who is also an informant U/s 378 Cr.P.C. challenging the judgment of acquittal passed by trail court, keeping in view the fact that the name of victim should not be disclosed in the rape cases.

5. We have heard learned counsel for parties on the point in issue.

6. Core question to be decided is that if a judgment of acquittal has been passed by trial court in an offence arising out of Section 376 Cr.P.C. and like nature then the appeal can be filed on behalf of victim or through his /her guardian, who has filed the complaint/F.I.R. or by the other victim as defined under Section 2(wa) of the Code of Criminal Procedure.

7. Section 378 of Code of Criminal Procedure deals in rgard to filing an appeal against the judgment of acquittal passed by the trial court, relevant provision quoted hereinbelow:-

“378. Appeal in case of acquittal - (3) No appeal under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such 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.

(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under subsection (1) or under sub-section (2).”

8. Section 2(d) of Code of Criminal Procedure defines complainant as under:-

“Section 2 (d) - “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report”

9. The legislature by way of amendment vide A.P.G.O. Ms. No. 732 dated 5th December, 1991 has introduced section 228A in the Indian Penal Code (hereinafter referred to as the I.P.C.) which reads as under:-

“228A - Disclosure of identity of the victim of certain offences etc. -- (1) whoever prints or publishes the name of any matter which may make known the identity of any person against whom an offence under Section 376, section 376A, section 376B, section 376C section 376D or Section 376E is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. (2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is --

(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the