By Azeez Nazar Sabri
In a far reaching and landmark judgment in the matter of
Mallikarjun Kodagali ( Dead) represented through Legal Representatives Versus
State of Karnataka & Ors. ( Criminal Appeal Nos. 1281-82 of 2018) Supreme
Court has held that victim of a crime has right to appeal against the order of
acquittal without apply for leave to appeal against the order of acquittal.
The appellant ( Kodagali-
represented by his legal representatives after his death) was victim of an
attack on the night of February, 2009. He lodged a First Information Report (
FIR) with the police and after investigations, necessary proceedings were taken
before the District and Sessions Judge, Bagalkot against the accused persons
under several sections of the Indian Penal Code (IPC).
The District and Session Judge,
Bagalkot acquitted the accused by a judgment and order dated 28th
October, 2013.Aggrieved by the order of Session
Court Kodagali preferred an appeal in the High Court. The appeal was filed
under Section 372 of the Cr.P.C, but the same was dismissed as not maintainable
by a judgment and order dated 10th June, 2014. It was held by the
High Court that proviso to Section 372 of the Cr. P.C came into the statute book with effect from
31st December,2009 but the incident had occurred well before that
date. Therefore, the appeal was not maintainable.
Kodagali then preferred another
appeal in the High Court being Criminal Appeal No. 100119 of 2014. This appeal
was filed under the provisions of Section 378( 4) of the Cr.P.C. By a judgment
and order dated 04th July, 2014 the High Court held that the appeal
was not maintainable. The view taken by the High Court was on a plain reading
of Section 378 (4) of the Cr. P.C, namely that the appeal was not filed in a
case instituted upon a complaint before a Magistrate. Thereafter, Kodagali
filed appeal in the Supreme Court.
The contention of the victim was
that he has been left with no remedy against the acquittal of the accused. His
submission was that one of the accused is member of legislative assemble and it
is for this reason that the State did not challenge the acquittal.
The substantial questions before
Supreme Court were:
1. Whether
a “Victim” as defined in the Cr.P.C. has a right of appeal in view of the
proviso to section 372 of the Cr. P.C against an order of acquittal in a case
where the alleged offence took place prior to December, 2009 but the order of
acquittal was passed by the Trial Court after 31st December, 2009?
2. Whether
the “Victim” must apply for leave to appeal against the order of acquittal?
The answer to first question is YES.
The answer to second question is NO. Meaning thereby the Victim can file an
appeal against the acquittal of the accused without seeking leave to appeal.
Email : azeez_nazar@rediffmail.com
A loft style bunk has an elevated bed with desk space, book cases, bureaus or open floor area beneath. These are particularly popular with only children that live in an apartment-style home. toddler bunk bed with slide
ReplyDeleteSega Genesis Flashback HD 720p. (Updated!!) - Video Gaming
ReplyDeleteiheart.com: Sega Genesis Flashback HD 720p. (Updated!!) mp3 juice iphone: Amazon.com : www.theguardian.com: Sony - Best selling video games, TV show and gaming consoles.
I generally check this kind of article and I found your article which is related to my interest. Genuinely it is good and instructive information, Criminal Lawyer Chalmette Thankful to you for sharing an article like this.
ReplyDelete