VISHNU KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. Leave Granted.

(2.) The Appellant/ Accused[1] is before this Court challenging the judgment/order of the High Court of Madhya Pradesh at Gwalior Bench[2] dtd.: 11/7/2025 in Criminal Appeal No. 5615/2025, wherein the appeal filed by the Accused under Sec. 415 of Bharatiya Nagarik Suraksha Sanhita, 2023[3] (Sec. 374 of the Code of Criminal Procedure, 1973[4]) came to be dismissed on the ground of maintainability. The Accused/Appellant i.e. Vishnu Kumar Gupta was the legally wedded husband of the Complainant/Respondent No.2 i.e. Smt. Shilpi Gupta[5], who had lodged Zero FIR under Ss. 498-A, 323, 34 of Indian Penal Code[6] and Ss. 3 and 4 of Dowry Prohibition Act, 1961, against the accused, the mother of the accused and the father of the accused before Police Station Lasudia, Indore. After the Zero FIR was transferred to jurisdictional Police Station the same came to be registered as FIR No.32 of 2020 by the Kotwali, Police Station, District Bhind, State of M.P. After the investigation was completed, the police filed a chargesheet against the accused persons before Judicial Magistrate First Class, Bhind, District Bhind. The Court of Judicial Magistrate First Class[7] (Trial Court), after the trial and upon appreciation of the evidence on record vide judgment and order dtd.: 20/12/2024, acquitted all the Accused Persons. The complainant, filed a Criminal Appeal in Criminal Appeal No. 3/2025 before the Seventh Additional Sessions Judge, District Bhind[8] under Sec. 419 BNSS (Sec. 378 Cr.P.C.). On re-appreciation of the evidence, the Sessions Court vide Judgment and Order dtd.: 27/5/2025 dismissed Appeal in so far as the mother and father of the Appellant. However, the Sessions Court convicted the Appellant herein under Sec. 498-A of IPC and Sec. 4 of the Dowry Prohibition Act and sentenced him to undergo rigorous imprisonment for a period of 3 years under Sec. 498A of IPC and 2 years of rigorous imprisonment under Sec. 4 of Dowry Prohibition Act along with a fine of Rs.10,000.00 each and the sentences were ordered to run separately. Challenging the above conviction, the Appellant filed an Appeal before the High Court under Sec. 415 of the BNSS, 2023 (Sec. 374 of Cr.P.C.), the High Court on a thorough examination of the provisions of the Cr.P.C. as well as BNSS, vide impugned order dismissed the criminal appeal filed by the Appellant on the ground that only a Revision Petition is maintainable and not a criminal appeal challenging conviction as it would amount to 2nd appeal which is not provided under the provisions of the Cr.P.C. or the BNSS. Challenging the above order, the Appellant is before this Court. The question that arises before us in the given factual matrix is 'Whether an appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (corresponding to Sec. 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023) is maintainable against a judgment of conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by a Trial Court?'

(3.) Though the facts in brief have been reproduced above, for the purposes of completion, the same are reiterated below: