Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 372 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s. 372 proviso (introduced w.e.f. 31.12.2009) – Right of appealagainst acquittal to the victim of an offence – Requirement ofseeking leave of the High Court – On facts, alleged offence tookplace in February 2009 – Order of acquittal passed by the trialcourt in October 2013 – Appeal filed under proviso to s. 372 by thevictim – Dismissed by the High Court as not maintainable holdingthat the proviso to s. 372 introduced w.e.f. 31.12.2009 but theincident had occurred well before that date – On appeal, held: (PerLokur J) ‘Victim’ as defined in the Cr.P.C. has a right of appeal inview of the proviso to s. 372 against an order of acquittal in a casewhere the alleged offence took place prior to 31.12.2009 but theorder of acquittal was passed by the trial court after 31.12.2009 –Victim can file appeal without seeking leave to appeal against theorder of acquittal – Held: (Per Gupta J: Partly dissenting) When thevictim files an appeal against acquittal in the High Court he has toseek leave to appeal u/s. 378(3) CrPC.s. 372 proviso – Connotation of – Held: Proviso to s. 372must be given a meaning that is realistic, liberal, progressive andbeneficial to the victim of an offence.Criminal law: Rights of victims of crime – Held: Rights of anaccused far outweigh the rights of the victim of an offence in manyrespects – There needs to be some balancing of the concerns andequalising their rights so that the criminal proceedings are fair toboth – Judiciary is obliged to go and has gone beyond merelyawarding compensation and has taken into consideration the largerpicture from the perspective of the victim of an offence – Rights of victims, and indeed victimology, is an evolving jurisprudence and itis more than appropriate to move forward in a positive direction,rather than stand still or worse, take a step backward – Voice givento victims of crime by Parliament and the judiciary, needs to beheard, and if not heard, to be raised to a higher decibel. |
Judge | Hon'ble Mr. Justice Deepak Gupta Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 969 |
Petitioner | Mallikarjun Kodagali (dead) Represented Through Legal Representatives |
Respondent | The State Of Karnataka And Ors. |
SCR | [2018] 13 S.C.R. 1 |
Judgement Date | 2018-10-12 |
Case Number | 1281 |
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