JAGRAM Vs. ROHTASH

JUDGEMENT

(1.) The applicant has filed the present application seeking grant of leave to appeal against the judgment of acquittal passed in a complaint case instituted under Ss. 323, 325 read with Sec. 34 of IPC, whereby the complaint filed by the applicant was dismissed and the accused were acquitted.

(2.) The limited question which arises for consideration in the present proceedings is with regard to the maintainability of an appeal against an order of acquittal passed in a complaint case and, more particularly, as to whether such an appeal can be entertained under proviso to Sec. 372 of the Code of Criminal Procedure at the instance of the complainant.

(3.) This Court has carefully considered the statutory scheme as contained in Ss. 2(wa), 372 and 378 of the Cr.P.C. as also the object sought to be achieved by insertion of the proviso to Sec. 372 Cr.P.C. The said proviso confers a substantive right of appeal upon a "victim", as defined under Sec. 2(wa) Cr.P.C., against an order of acquittal, conviction for a lesser offence or imposition of inadequate compensation.