AIROnline 2025 SC 563

Supreme Court Of India

(From : AIROnline 2023 RAJ 699)

Hon'ble Judge(s): Ahsanuddin Amanullah, Prashant Kumar Mishra , JJ

Criminal P.C. (2 of 1974) , S.372 Proviso— Criminal P.C. (2 of 1974) , S.2(wa)— Appeal against acquittal - Maintainability - Scope of definition of 'victim' - Accused was convicted by trial court but acquitted by first appellate court - Allegation directly related to wrongdoings on part of accused in displaying, keeping in his shop and being in possession of materials/products which were similar to those manufactured/sold/distributed by appellant which also bore its mark on outside packaging - It was appellant company who had suffered due to acts of accused and would therefore be covered within definition of 'victim' - Further, right to appeal accrues on the 'victim' from the instance of a Court acquitting the accused - Proviso to S. 372 of Cr.P.C. is agnostic to factum of such acquittal being by Trial Court or First Appellate Court - Appellant company being victim, appeal filed by it against acquittal of respondent was maintainable. AIROnline 2023 RAJ 699-ReversedAIR 2022 SC 1918-FollowedAIR 2018 SC 5206-Followed In the instant case, appellant public limited company engaged in the business of manufacturing paint and paint products, had given Power-of-Attorney to a Firm for protecting its IPR by undertaking survey(s), investigating and acting against any person found to be engaged in violating/infringing Appellant's IPR. In turn the Firm appoi....