2013 (10) TMI 1485 - HC - Indian Laws

Court Affirms Victims' Right to Appeal in Private Complaints u/s 372 Cr.P.C.; Clarifies Coexistence with Section 378(4) Cr.P.C.

The court determined that complainants in private complaints, who meet the definition of 'victim' under Section 2(wa) Cr.P.C., are entitled to appeal ... - 1. ISSUES PRESENTED and CONSIDEREDThe core legal question addressed by the Kerala High Court in this judgment is whether a complainant in a private complaint, upon the acquittal of the accused, can utilize the new statutory remedy of appeal provided under the proviso to Section 372 of the Code of Criminal Procedure (Cr.P.C.) or if they are confined to the earlier remedy under Section 378(4) Cr.P.C., which requires obtaining special leave from the High Court.2. ISSUE-WISE DETAILED ANALYSISRelevant Legal Framework and Precedents:The judgment examines the amendments introduced by the Amendment Act 5 of 2009 to the Cr.P.C., specifically the proviso to Section 372, which grants victims the right to appeal against acquittals, convictions for lesser offenses, or inadequate compensation. It also considers the definition of 'victim' under Section 2(wa) Cr.P.C. and its implications. The court references various High Court decisions to highlight differing interpretations of these provisions.Court's Interpretation and Reasoning:The court analyses the intention behind the amendments, emphasizing the need to provide victims with a role in the criminal justice process, particularly in appealing against acquittals. It considers the legislative intent to not exclude complainants from the definition of victims if they satisfy the criteria under Section 2(wa) Cr.P.C.Key Evidence and Findings:The court notes the inconsistent interpretations by different High Courts regarding the applicability of the proviso to Section 372 Cr.P.C. to complainants in private complaints. It highlights that the Bombay High Court and other courts have excluded complainants from the definition of victims, while others, like the Jharkhand and Rajasthan High Courts, have included them.Application of Law to Facts:The court applies the amended provisions to the facts of the cases before it, determining that complainants in private complaints who meet the definition of victims are entitled to appeal under the proviso to Section 372 Cr.P.C. The court reasons that the statutory right to appeal should not be denied to complainants who are also victims, as they have suffered loss or injury due to the accused's actions.Treatment of Competing Arguments:The court addresses arguments against extending the proviso to Section 372 Cr.P.C. to complainants, such as potential redundancy of Section 378(4) Cr.P.C. It refutes these by highlighting that Section 378(4) Cr.P.C. remains relevant for cases where the complainant and victim are different or where statutory authorities file complaints.Conclusions:The court concludes that complainants in private complaints who meet the definition of victims have a statutory right to appeal under the proviso to Section 372 Cr.P.C. It emphasizes that this right is available for judgments rendered after December 31, 2009, and that complainants may have dual remedies but should adhere to the principle of hierarchy of courts.3. SIGNIFICANT HOLDINGSPreserve Verbatim Quotes of Crucial Legal Reasoning:'A complainant in a complaint under Section 138 of NI Act is also a victim and is entitled to the same benefit as the victim in any other case instituted on a private complaint.'Core Principles Established:Complainants in private complaints who qualify as victims under Section 2(wa) Cr.P.C. can appeal under the proviso to Section 372 Cr.P.C.The existence of two remedies (proviso to Section 372 and Section 378(4) Cr.P.C.) does not negate the statutory right provided by the amendment.The principle of hierarchy of courts dictates that appeals should be filed in the lowest competent forum.Final Determinations on Each Issue:Complainants in private complaints who are victims have a right to appeal under the proviso to Section 372 Cr.P.C.In cases of acquittal by the Sessions Court in private complaints, the complainant who is also the victim has a statutory right of appeal under the proviso to Section 372 Cr.P.C.The remedy under Section 378(4) Cr.P.C. remains applicable where complainants and victims differ or in statutory complaints.The judgment directs that records be returned to the respective parties to enable them to file appeals before the appropriate forum, with considerations for the time pending before the High Court under Section 14 of the Limitation Act.