IMPORTANT POINTS
1. Limitation for preferring an appeal against the order of acquittal by the victim would be 90 days in all cases, other than the cases instituted upon complaint, and 60 days for any case instituted upon complaint against the order of acquittal after the High Court grants special leave to appeal.
2. Even a victim when desires to challenge the order of acquittal in exercise of his rights conferred under the proviso to Section 372, leave of the High Court as contemplated under sub-section (3) is necessary.

JUDGMENT

Dilip B. Bhosale, C. J.—The question referred to this Bench is, whether the limitation for filing an appeal at the instance of the victim or the first informant is 60 days from the date of acquittal as laid down under Section 378 (5) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) or 90 days as reported by the Stamp Reporter pursuant to the judgment of a coordinate Bench of this Court in Nanhey Singh @ Dinesh Singh Vs. State of U.P. & Ors., Criminal Misc. Application Defective U/S 372 CrPC (Leave to Appeal) No. 83 of 2013, decided on 22.07.2013.

2. This question has been formulated and referred by a Division Bench, while dealing with Criminal Misc. Application U/S 372 Cr.P.C. (Leave to Appeal) No. 351 of 2017. The Criminal Misc Application has been instituted on behalf of the complainant against the judgment and order dated 01.08.2017 rendered by Additional Sessions Judge, Court No.1, Banda, whereby the respondents-accused were acquitted of the charges punishable under Sections 364/376 of Indian Penal Code (for short, ‘IPC’) read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) in Sessions Trial No. 120 of 2014 arising from Special Criminal Case No. 67 of 2014. The victim in the first case is one Km ‘X’ and the first informant is one Mast Ram Tiwari, son of Bachchhi Ram Tiwari, her grandfather. The alleged incident of kidnapping and rape occurred in the intervening night of 18th and 19th May 2014. The FIR was lodged by the petitioner pursuant to which a crime bearing Crime No. 120 of 2014 came to be registered at Police Station Mataundh, District Banda. The accused persons were tried before the Additional Sessions Judge, Court No.1, Banda, who, vide judgment and order dated 01.08.2017, acquitted them all of the charges punishable under Sections 364, 376 of IPC read with Sections 3 and 4 of POCSO Act. It is against this judgment and order the petitioner filed an application seeking leave of this Court to file appeal against the order of acquittal under Section 372 read with Section 378 (5) of CrPC. Since the appeal was filed after 60 days from the date of the judgment of acquittal, the above question has been framed and referred by the Division Bench vide order dated 03.11.2017. The Division Bench, after referring to the judgment of another Division Bench of this Court in Nanhey Singh (supra), expressed its reservation about view taken therein and formulated the question by making the following observations in the order:—

“Proviso to section 372 Cr.P.C. has been added by the Legislature through the Amending Act No.5 of 2009. Proviso to section 372 Cr.P.C. does not have the retrospective effect. There is no period of limitation prescribed for the filing of an appeal by a victim under the proviso to Section 372. Thus it is well established that a reasonable period would have to be inferred from the statutory provisions. If no period of limitation has been prescribed, statutory authority must exercise its jurisdiction within a reasonable period. What shall be the reasonable period would depend upon the nature of the statute, rights and liabilities and other relevant factors. In the absence of any period of limitation it is settled that every authority is to exercise the power within a reasonable period. What would be reasonable period would depend upon the facts of each case.

Thus, from a reading of the above said legal position it is abundantly clear that the proviso to Section 372 Cr.P.C. must be read along with its main enactment i.e. Section 372 itself together with sub-section (3) of Section 378 Cr.P.C. otherwise the substantive provision of Section 372 Cr.P.C. will be rendered nugatory, as it clearly states that no appeal shall lie from any judgment or order of a criminal court except as provided by Cr.P.C.

Sub-Section (3) to Section 378 Cr.P