A victim has the right to appeal against a judgment of acquittal without seeking leave under Section 372 of the Cr.P.C.

ORDER

Leave granted.

This appeal arises out of the order dated 14.07.2023 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-A No. 739/2023 (O&M) whereby, the learned Judge refused to grant leave to appeal to the appellant-victim against the judgment of acquittal dated 16.01.2023 passed by the learned Additional Sessions Judge, Ferozepur, Punjab, in Sessions Trial No. 5/2023.

We find that the learned Judge did not even give any reason as to why he found no grounds to grant leave to appeal. More importantly, the issue that arises is as to whether the appellant- victim even required such grant of leave to maintain an appeal against the judgment of acquittal. This issue is squarely settled by the 3-Judge Bench decision of this Court in Mallikarjun Kodagali (Dead) represented through Legal Representatives vs. State of Karnataka & Ors., (2019) 2 SCC 752 It was specifically observed therein that a victim, as defined under Section 2 (wa) of the Code of Criminal Procedure, 1973 , “Cr.P.C.”, for short had the right to file an appeal under the proviso to Section 372 thereof against a judgment of acquittal and, in that regard, the appellant-victim did not need to apply for leave to appeal against such judgment of acquittal.

In that view of the matter, the appeal is allowed and the impugned order dated 14.07.2023 passed by the learned Judge of the High Court of Punjab and Haryana at Chandigarh in CRM-A No. 739/2023 (O&M) is set aside. The appellant-victim is entitled to maintain the appeal against the judgment of acquittal dated 16.01.2023 without seeking leave to appeal under Section 378(4) of the Cr.P.C.

Pending application(s), if any, stand disposed of.

ORDER

Leave granted.

The appeal is allowed, in terms of the signed order.

Pending application(s), if any, shall stand disposed of.