CHOBBAN MALLICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN all these appeals which have been filed under the proviso appended to section 372 of the Code of Criminal Procedure, a point pertaining to limitation has attained significance. An amendment was sought to be brought by the legislature Vide Act 5 of 2009 with effect from 31.12.2009 inserting a proviso to section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to for the sake of brevity as the Code) conferring therein a right upon the "victim" to prefer an appeal "against any Order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation" with a rider that "such an appeal shall lie to the Court to which an appeal ordinarily lies against the Order of conviction of such Court".

(2.) THE provisions of section 372 (as it now stands after the amendment) reads as follows :

(3.) FOR the convenience of parties, the provisions of section 378 of the Code and the provisions of Article 114 of the Limitation Act are quoted below :