K H GANESH RAO Vs. H GOPAL

JUDGEMENT

(1.) The reference arises out of two conflicting judgments of the two learned Judges of this Court with regard to right of appeal to the High Court by the complainant against the order of acquittal passed in an appeal by the Sessions Court.

(2.) The Hon'ble Mr. Justice Jawad Rahim in Crl.A.No. 142/2009 has taken a view that the complainant has no right of appeal to the High Court against the order of acquittal passed by the Sessions Court in an appeal against the order of conviction passed by the trial Court. The remedy of the complainant is only to file revision or invoke inherent powers of the High Court.

(3.) The provisions of Section 2(2) and Section 5 of the Karnataka High Court Act and Section 378 of Cr.P.C. are extracted for convenient reference: Section 2(2):- "Criminal Appeal" means an appeal which, under any law for the time being in force, lies to the High Court from an order or sentence passed by a subordinate criminal Court in the exercise of its original criminal jurisdiction. Section 5 :- First Appeals:- Save as otherwise provided in this Act,-