SANTHOSH ASHOK PAWASKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In view of decision of the Division Bench of this Court in the case of K. H. Ganesh Rao v. H. Gopal in Criminal Appeal No.173 of 2009 dtd. 1/4/2010 reported in 2010 Crl. L.J. 4755 an appeal against acquittal passed by the Appellate Court is maintainable before this Court under Sec. 378(4) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity). Sec. 372 came to be amended by act No.5 of 2009 w.e.f. 31/12/2009 wherein the proviso came to be inserted to Sec. 372 which provides a right to the victim to preferred an appeal against the acquittal.

(2.) The petitioner before the Court is the complainant and the victim who suffered loss in the incident. Hence, the appeal under Sec. 372 proviso lies before this Court. The petitioner has preferred Criminal Revision Petition instead of an appeal.

(3.) The learned counsel for the petitioner prays for converting the revision petition into an appeal under Sec. 372 proviso read with 401(5) of Cr.P.C . and files a memo on record.