Victim's appeal right does not extend to a complainant in a complaint case; Section 378 governs acquittal challenges.

In a complaint case, the special appeal mechanism against acquittal under Section 378(4) of the Code of Criminal Procedure, read with the special leave and limitation requirements in Section 378(5), governs the complainant's remedy. The proviso to Section 372, which confers a general victim's right of appeal, cannot be used by a complainant in such a case, because that would make the special procedure redundant. On a harmonious construction of the provisions, a complainant in a complaint case is not included within the term "victim" for the purpose of the proviso to Section 372, and the Sessions Court appeal under that provision is therefore not maintainable.

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Issues: Whether a victim who is also the complainant in a complaint case can prefer an appeal against acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, or whether the remedy is confined to Section 378(4) and Section 378(5) of that Code.

Analysis: The proviso to Section 372 was inserted as a general right of appeal for victims, but the Code separately provides a special procedure for appeals against acquittal in complaint cases under Section 378(4), subject to special leave and the limitation prescribed by Section 378(5). A complainant in a complaint case is therefore governed by the special appellate provision and cannot invoke the general victim-appeal route in Section 372 so as to render Section 378(4) and Section 378(5) redundant. On a harmonious construction of the provisions, the term "victim" in the proviso to Section 372 does not include a complainant in a complaint case.

Conclusion: The appeal before the Sessions Court under the proviso to Section 372 was not maintainable. The lower appellate court lacked jurisdiction to entertain it, and the complainant's remedy lay only under Section 378(4) and Section 378(5) of the Code of Criminal Procedure, 1973.

Ratio Decidendi: In a complaint case, the special leave procedure for appeals against acquittal under Section 378(4) and Section 378(5) of the Code of Criminal Procedure, 1973 excludes reliance on the general victim-appeal right under the proviso to Section 372.

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