Victim's right of appeal under CrPC Section 372 includes a complainant who suffered loss or injury.

The proviso to Section 372 CrPC confers an independent statutory right of appeal on a victim against acquittal, conviction for a lesser offence, or inadequate compensation. A complainant who has suffered loss or injury falls within the wide definition of "victim" under Section 2(wa), so the fact that the victim is also the complainant does not exclude access to Section 372. A complainant who is not a victim must instead pursue the special appellate route under Section 378(4) and obtain special leave. The contrary view that a complainant-victim is barred from Section 372 was rejected.

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Issues: Whether a victim in a private complaint case has a statutory right of appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, whether a complainant who is not a victim must seek special leave under Section 378(4) of the Code of Criminal Procedure, 1973, and whether a victim who is also the complainant is excluded from the benefit of Section 372.

Analysis: The right of appeal conferred by the proviso to Section 372 is a substantive statutory right available to a victim against acquittal, conviction for a lesser offence, or inadequate compensation. The definition of "victim" under Section 2(wa) is wide enough to include a complainant who has suffered loss or injury, and the mere fact that the victim also happens to be the complainant does not exclude that person from the class of victims. At the same time, a complainant who is not a victim must proceed under Section 378(4) and obtain special leave, because the special appellate route for complaints remains distinct. The interpretation adopted earlier in Selvaraj excluding a complainant-victim from Section 372 was not accepted.

Conclusion: A complainant who is also a victim can invoke the proviso to Section 372, while a non-victim complainant must seek special leave under Section 378(4). The contrary view that a complainant-victim is excluded from Section 372 was held to be incorrect.

Final Conclusion: The reference was answered by recognising the victim's appellate right in private complaint cases and by clarifying that the complainant-victim is not disentitled from that remedy, with the matters to proceed before the appropriate Bench for disposal in accordance with the opinion expressed.

Ratio Decidendi: The proviso to Section 372 confers an independent right of appeal on a victim, and the definition of victim includes a complainant who has suffered loss or injury; only a complainant who is not a victim must resort to Section 378(4) and obtain special leave.

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