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2025 Supreme(Online)(Kar) 441638
HIGH COURT OF KARNATAKA
S. Rachaiah, J
SRI.RUDRAYYA S/O ANDANAYYA MATHAD – Appellant
Versus
KRISHNAPPA S/O PARAMESHWARAPPA HOMBARDI – Respondent
CRL.A No. 100172 of 2020
For the Appellants/Petitioners:
For the Respondents:
A victim of an offence is entitled to prefer an appeal under the proviso to Section 372 of the CrPC, regardless of whether they are the complainant, without needing to rely on Section 378(4) of the CrPC.
Headnote:The court examined the maintainability of an appeal filed by a complainant against a judgment of acquittal, specifically analyzing the proviso to Section 372 of the Code of Criminal Procedure. The facts involve an appeal preferred by the complainant aggrieved by the Trial Court's decision to acquit the accused. The primary issue is whether a victim who is also a complainant can prefer an appeal under the proviso to Section 372 of the CrPC. The court reasoned that the victim of an offence has the right to prefer an appeal under the said proviso, irrespective of whether they are a complainant or not, and is not required to rely on sub-section (4) of Section 378 of the CrPC. The court relied on the precedent that a victim's right to appeal under the proviso to Section 372 is independent of their status as a complainant.
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| 1. the right of a victim to appeal under section 372 crpc is independent of their status as a complainant. (Para 1 , 2) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. This appeal is filed by the appellants/complainant being aggrieved by the judgment of acquittal passed by the Trial Court.
2. However, the Hon’ble Supreme Court in Celestium Financial Vs. A. Gnanasekaran Etc. 12025 SCC Online SC 1320, held in paragraph No.10 as under:
“10. As already noted, the proviso to Section 372 of the CrPC was inserted in the statute book only with effect from 31.12.2009. The object and reason for such insertion must be realised and must be given its full effect to by a court. In view of the aforesaid discussion, we hold that the victim of an offence has the right to prefer an appeal under the proviso to Section 372 of the CrPC, irrespective of whether he is a complainant or not. Even if the victim of an offence is a complainant, he can still proceed under the proviso to Section 372 and need not advert to sub-section (4) of Section 378 of the Cr.PC.”
