ASHA SHIVAJI MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have heard learned Advocate Mr.Karan Kadam for the Appellant, Mr.Kuldeep Patil - learned Advocate for Respondent Nos.1 to 4 and learned APP Shri.H.J.Dedhia for Respondent - State.

(2.) In this Appeal, an objection is taken about maintainability of the present appeal by the Respondents who are original Accused. They were acquitted by the Court of JMFC - Alibag for the offences punishable under Ss. 379, 323, 427 read with Sec. 34 of the Indian Penal Code, 1860 ["IPC"]. It is not the victim / First-Informant who has challenged the correctness, but it is the State who has preferred an Appeal to the Court of Session - Alibag by way of Regular Criminal Appeal No.139 of 2011. It was filed as per the provisions of Sec. 378(1)(a) of the Code of Criminal Procedure, 1973 ["Cr.P.C."]. The said Appeal was dismissed on 21/1/2019.

(3.) Now, the State has kept quiet and it is the turn of First Informant / victim to challenge the correctness of the judgment of acquittal. The Respondents' contention is that forum for an Appeal by the victim is correlated to the forum provided for an Appeal by the Accused against the order of conviction. He mean to say that if there is no remedy of an Appeal provided for (when Appellate Court alters the acquittal into conviction, but a remedy of Revision is provided), how can the victim may challenge the judgment of acquittal passed by the Appellate Court? Whereas, the Appellant's contention is the provisions of proviso to Sec. 372 of the Code provides such remedy.