ROOPENDRA SINGH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Leave granted in both the matters.

(2.) The appellant was tried in Sessions Trial No.22 (WT/K) 2010 in the Court of Additional Sessions Judge, Khowai, West Tripura for having committed offences punishable under Sections 342, 376(2)(b) and 506 Penal Code and was acquitted of all the charges leveled against him vide judgment of the Trial Court dated 28.04.2011. Respondent No.2, i.e. the victim challenged the acquittal by filing Criminal Appeal No.23 of 2011 in the Gauhati High Court, Agartala Bench. This appeal was filed under Sec. 372 of Code of Criminal Procedure, 1973 ('Cr.P.C.' for short). When the appeal was listed for admission, an objection was taken that unless "leave" was granted under Sec. 378(4) of Crimial P.C., the appeal could not be admitted. At this juncture, a petition under Sec. 482 of Crimial P.C. was filed by Respondent No.2 for treating said criminal appeal under Sec. 372 read with Sec. 378 Cr.P.C.

(3.) The matter was contested. The High Court by its judgment and order dated 06.06.2012 concluded that there was an unfettered right conferred upon the victim by Sec. 372 Cr. P.C. and that no leave was required for the victim to file such appeal. Consequently, the High Court observed that there was no necessity for converting the appeal to one under Sec. 372 read with 378 Crimial P.C. The following observations are noteworthy:-