Karnataka High Court Clarifies: Complainant as 'Victim' Can Appeal Acquittal in Sessions Court Under CrPC S.372 - 2025-03-13

Karnataka High Court Upholds Complainant's Right to Appeal Acquittal in Sessions Court

Bengaluru, Karnataka – In a significant judgment, the High Court of Karnataka has clarified the right of a complainant to appeal against an acquittal order in cases instituted upon a complaint. Justice S.Rachaiah , presiding over Criminal Revision Petition No. 851 of 2016, set aside an order by the VIII Additional District and Sessions Judge, Mysuru, which had dismissed a complainant's appeal as not maintainable.

Background of the Case

The case originated from an acquittal order dated 16.05.2013 in C.C. No. 106/2007 by the Trial Court. Aggrieved by this acquittal, the complainant, Thomas Mani , filed an appeal before the Sessions Court. However, the Sessions Court dismissed the appeal, citing a prior ruling that distinguished between a 'complainant' under Section 142 of the Negotiable Instruments Act and a 'victim' under Section 2(wa) of the Code of Criminal Procedure (CrPC). The Sessions Court reasoned that the complainant, not being considered a 'victim' for appeal purposes, could not maintain an appeal against acquittal.

High Court's Analysis: Complainant as ' Victim '

Justice Rachaiah , in his judgment, delved into the relevant provisions of the CrPC, specifically Sections 378 and 372, along with the definition of 'victim' in Section 2(wa).

Section 378 of CrPC outlines the provisions for appeals in acquittal cases, primarily directing Public Prosecutors to file appeals. However, sub-section (4) of Section 378 states that in cases instituted upon a complaint, the High Court may grant special leave to appeal to the complainant.

The court then focused on Section 372 CrPC, which provides for appeals against judgments or orders of criminal courts and crucially includes a proviso stating:

> “Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused…”

Justice Rachaiah emphasized the definition of 'victim' under Section 2(wa) CrPC as "a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged."

The High Court reasoned that the appellate court erred in dismissing the complainant's appeal by misinterpreting the legal provisions. The judgment clarifies that Section 372 grants a 'victim' – which includes a complainant in cases initiated through complaints – the right to appeal an acquittal before the Sessions Court, the court to which appeals ordinarily lie against convictions by a Magistrate Court.

Key Excerpts from the Judgment

The judgment highlights the following key points:

> "The word, the complainant may present such appeal to the High Court would indicate that the complainant need not file an appeal against acquittal to the High Court directly where an appeal lies to the Sessions Court against order passed by the Trial Court or Magistrate."

> "On reading of the aforesaid provisions [Section 372 CrPC], it makes it clear that the victim can file an appeal against the order of acquittal before the Appellate Court or Sessions Court. Nowhere in the above said provisions mentioned about a particular case. The complainant or the victim can file an appeal as against the order of acquittal passed by the Magistrate before the Court an appeal ordinarily lies against the order of conviction of such Court."

> "Such being the fact, asking the complainant to file an appeal before this Court, in my considered view is not appropriate after enacting Section 372 of Cr.P.C. Thus, the order passed by the appellate Court in dismissing the appeal as not maintainable, cannot be sustained."

Decision and Implications

Ultimately, the High Court allowed the revision petition, setting aside the Sessions Court's order. The matter has been remanded back to the Appellate Court (Sessions Court) for fresh consideration on merits. The High Court also urged the Appellate Court to dispose of the matter expeditiously, preferably within six months.

This judgment provides much-needed clarity on the rights of complainants, recognizing them as 'victims' with the statutory right to appeal against acquittal orders in the Sessions Court. It reinforces the accessibility of justice for complainants and ensures that appeals against acquittals are appropriately heard by the Sessions Court, without requiring them to first seek special leave from the High Court in every case.

The decision is expected to be of significant interest to legal professionals and the general public, particularly those involved in complaint-based criminal cases and seeking recourse against acquittal orders.