CHANDRA Vs. STATE

JUDGEMENT

(1.) The appeal against acquittal is preferred by P.W.1, who is the maternal aunty of the deceased and also the first informant being the witness to the occurrence. Aggrieved by the order of acquittal by the trial Court, she has preferred the appeal against acquittal.

(2.) The accused, who has gained acquittal by the trial Court, has engaged a counsel and contested the appeal on multiple grounds with a preliminary objection that the appeal is not maintainable, since it is not preferred by the victim or his legal representative to satisfy Sec. 2(wa) of the Code of Criminal Procedure.

(3.) In view of the preliminary objection is raised, this Court is bound to answer the objections before proceeding further. Sec. 378 Cr.P.C., provides right of appeal in case of acquittal, the victims also to prefer appeal against acquittal, after amendments to the Code by the Central Act, 25 of 2005 and Act 5 of 2009 with effect from 23/6/2006 and 31/12/2009, respectively. The relevant provisions are extracted below for sake of convenience.