PARAMJEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide judgment dated 1.12.2015, respondents No. 2 to 8 have been convicted and sentenced to undergo imprisonment and fine on different counts i.e. Sections 376, 363 and 366-A etc of the Indian Penal Code, 1860. The present appeal has been filed against acquittal claiming that the circumstances warranted the conviction of the said respondents under section 4 of the Protection of Children from Sexual Offences Act, 2012. In view of the provisions of Section 42 of the aforesaid Act, appeal does not seem to be maintainable as facts provided for offence under Section 4 of the said Act and Section 376 and other offences under Indian Penal Code are similar.

(2.) Counsel for the applicant, at this stage, has submitted that in view of above-said legal situation this appeal against acquittal may be considered as an appeal of victim under proviso of Section 372 Cr.P.C., 1973 and he presses this appeal only for the imposition of adequate compensation to the prosecutrix who happens to be daughter of the applicant.

(3.) We find that such an appeal would be maintainable under proviso of Section 372 Cr.P.C., 1973 to be accompanied by an application under Section 378(3) Cr.P.C., 1973 as per the judgment of Hon'ble the Supreme Court in Satyapal Singh v. State of Madhya Pradesh 2015(4) R.C.R. (Criminal) 705 . We have considered the submission of the counsel for the applicant. The applicant can file an appeal under proviso of Section 372 Cr.P.C., 1973 to seek adequate compensation and that appeal would ordinarily lie where the appeal lies against an order of conviction.