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Supreme Court Of India

(From: Karnataka)*

Hon'ble Judge(s): Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta , JJJ

(A) Criminal P.C. (2 of 1974) , S.372— Proviso 2(wa) - Right of victim to file appeal - Appeal against acquittal - Date of Judgment/Order passed by Trial Court and not date of offence - Is relevant date for determining applicability of Proviso to S. 372 - Order of acquittal passed by Trial Court after Proviso to S. 372 came into force - Victim has right to file appeal to High Court. The rights of victims, and indeed victimology, is evolving jurisprudence and it is more than appropriate to move forward in positive direction, rather than stand still or worse, take step backward. Voice has been given to victims of crime by Parliament and judiciary and that voice needs to be heard, and if not already heard, it needs to be raised to a higher decibel so that it is clearly heard. View expressed by High Courts is that if judgment of Trial Court is delivered after Proviso came into force, that is, after 31st December, 2009 then, irrespective of date of offence, victim can avail right of appeal. In some of decisions it has been held that right of appeal is not absolute right conferred on victim, but it is subject to an application seeking special leave to appeal. Analysis of decisions rendered by various High Courts indicates that overwhelming view is that date of judgment and order passed by Trial Court is relevant date for determining applicability of Proviso to Sec....