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UMESH CHANDRA SHARMA
Mamta Shukla – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Umesh Chandra Sharma, J.
Heard Sri Rajiv Lochan Shukla, learned counsel for the revisionist, Sri Mithilesh Kumar, learned AGA for the State, Sri A. Kumar Srivastava, learned counsel for the opposite party nos.2 to 8 and perused the record.
2. At present, before this Court, the application dated 04.12.2019 moved on behalf of the revisionist to convert the present revision into criminal appeal is pending for disposal with an affidavit against which the accused persons have strong objection that at the time of institution of this revision and when cause of action arises to the informant, there was no provision to prefer an appeal against an order of acquittal passed by the Sessions Judge.
3. In brief, facts of the case are that the Sessions Judge, Hamirpur acquitted all the accused persons under the charges under Sections 148, 352, 302 read with Section 149 IPC by the judgment and order dated 07.03.1996. Being aggrieved, the informant preferred this criminal revision under Section 397 /401 CrPC on 15.04.1996. During the pendency of the instant criminal revision, learned counsel for the revisionist has moved an application dated 04.12.2019 to convert this revision into criminal
The right to appeal granted to victims is prospective and applies only to judgments issued on or after December 31, 2009; earlier judgments can only be challenged through revisions.
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
Once an appeal against acquittal is dismissed on merits, a subsequent revision against the same judgment cannot be entertained.
The victim's right to file an appeal against the judgment of acquittal and the limited scope of interference in revisional jurisdiction against judgment of acquittal.
The victim of a crime has an absolute right to appeal against acquittal without seeking special leave as per the Proviso to Section 372 of the Criminal Procedure Code.
The victim has an absolute right to appeal against an acquittal under Section 372 Cr.PC, without the need for special leave.
(1) Appeal against acquittal – Right of victim to file appeal under Proviso to Section 372 Cr.P.C. is absolute and victim requires no Leave or Special Leave to file appeal to High Court.(2) Appeal ag....
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