DHANI RAM Vs. PRABHU RAM AND OTHERS

JUDGEMENT

(1.) The proviso to Sec. 372 of the Code of Criminal Procedure makes it crystal clear that a victim of an occurrence has the right to prefer an appeal against an order of acquittal or conviction for a lesser offence or imposition of inadequate compensation by the trial Court, in a Court where the appeal ordinarily lies against the order of conviction of such Court. Had there been conviction, however, sentence for a lesser offence or imposing inadequate compensation, the remedy available to the victim would have to file an appeal in the Sessions Court. Therefore, against the judgment of acquittal also, the appeal as per proviso to Sec. 372 of the Code of Criminal Procedure has to be filed in the Court of Sessions. Being so, learned counsel representing the applicant seeks permission to withdraw the appeal with liberty reserved to file the same in the Court of Sessions. Leave and liberty as sought is granted. The appeal is accordingly dismissed as withdrawn. The certified copies of trial Court judgment be returned to learned counsel for the applicant, however, photocopies thereof be retained for records. The time spent in prosecuting the present appeal in this Court shall, however, to be excluded while counting limitation.

(2.) The appeal is accordingly disposed of, so also the pending application(s), if any.