JYOTHI Vs. STATE OF KERALA

JUDGEMENT

(1.) Can an appeal filed by a victim under the proviso to Sec.372 of the Code of Criminal Procedure (Code, in brief) be dismissed for default ? Relevant facts

(2.) The prosecution allegation is that the second respondent - the husband of the revision petitioner - was a habitual drunkard. On 2/12/2006, he assaulted the revision petitioner. The Poonthura Police registered crime No.297/2006 against him for the offence under Sec.498(A) of the Indian Penal Code. The Police after investigation laid the final report before the Court of the Judicial Magistrate of First Class -V, Thiruvananthapuram in CC No.1138/2008. The learned Magistrate, after analyzing the materials on record, acquitted the accused. Aggrieved by the said judgment, the revision petitioner filed Crl.A No.254/2013 before the Court of Session, Thiruvananthapuram. The Appellate Court, by the impugned order, dismissed the delay petition and consequentially the appeal on the ground that there was no representation for the revision petitioner.

(3.) Aggrieved by the orders, the present revision petition is filed.