Victim appeal under Section 372 cannot bypass the complainant's specific remedy against acquittal under Section 378(4).

A complainant in a private complaint cannot invoke the proviso to Section 372 CrPC as a "victim" to file an appeal before the Sessions Court when Section 378(4) specifically provides a statutory appeal against acquittal to the High Court. The proviso to Section 372 is meant to confer an appeal right on persons otherwise without a remedy, and it cannot be used to bypass the specific appellate route already available to a complainant. The Sessions Court therefore had no jurisdiction to entertain the appeal, and the proceedings before it were without legal foundation. The order passed in that appeal was liable to be quashed.

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Issues: Whether a complainant in a private complaint, who already has a statutory right of appeal against acquittal under Section 378(4) of the Code of Criminal Procedure, 1973, can maintain an appeal before the Sessions Court by invoking the proviso to Section 372 of the Code as a 'victim'.

Analysis: The proviso to Section 372 was introduced to confer a right of appeal on persons who otherwise had no such remedy under the Code. A complainant in a private complaint is not left remediless, because Section 378(4) of the Code specifically provides an appeal against acquittal. Since that remedy is available only before the High Court, the complainant could not bypass it by styling himself as a victim and filing an appeal before the Sessions Court under the proviso to Section 372. The Sessions Court therefore lacked jurisdiction to entertain the appeal, and the proceedings before it were without legal foundation.

Conclusion: The complainant's appeal before the Sessions Court was not maintainable and the order passed in that appeal was liable to be quashed; the revision succeeded in favour of the accused.

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