JOGINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ''The following interesting question arises in this appeal: -œWhether a victim, who files an appeal under Section 372 of the Code of Criminal Procedure in the High Court against the acquittal of the accused is required to obtain leave to appeal before his appeal can be entertained? -

(2.) SINCE an important question of law was involved, we had asked the members of the Bar to assist us in the matter. Pursuant to the request, Mr. Jagdish Vats and Mr. Anup Chitkara, Advocates assisted us in the case.

(3.) AT the outset, we may note that the concept of the victim being allowed to prosecute a criminal case or file an appeal against acquittal of the accused is a new development and trend in law. The old conservative theory was that criminal offences were treated to be offences against the State and therefore, it was the State which prosecuted the case. If the State machinery did not move the victim or the complainant could come to Court but again in terms of Section 156 of the Code the investigation had to be done by the police alone and later normally in such cases the State alone prosecuted the matters. There were rare cases where the criminal proceedings were initiated at the instance of a complainant and were termed as complaint cases. Complaint cases are dealt with under Chapter 15 of the Code which lays down the procedure to be followed in suit cases. Thus, as the law stood prior to the amendment of the Code of Criminal Procedure by the Code of Criminal Procedure (Amendment) Act, 2008, a victim had no right to file an appeal against acquittal.