Victim status for appeal against acquittal is limited to the actual sufferer, or a proven guardian or legal heir.

For the proviso to Section 372 CrPC, "victim" is confined to the actual person who suffered loss or injury from the offence, read with the Code's definition and the IPC meaning of harm to body, mind, reputation or property. A relative or other affected person does not acquire victim status merely through emotional or familial connection. Appellate standing is available only to the victim's guardian or legal heir, and only if that status is established on the facts. The Court therefore adopted a narrow construction of victimhood for appeals against acquittal and required proof of guardian or legal heir status before locus can be claimed.

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Issues: Whether, for purposes of the proviso to Section 372 of the Code of Criminal Procedure, 1973, the word "victim" in Section 2(wa) includes a person other than the actual sufferer of the offence, such as a brother-in-law, and whether only the guardian or legal heir of the actual victim can maintain an appeal against acquittal.

Analysis: The definition of "victim" in Section 2(wa) is structured in two parts: the first identifies the person who has suffered loss or injury caused by the charged act or omission, and the second includes the guardian or legal heir of such person. The expression "loss or injury" was read with Section 2(y) of the Code and Section 44 of the Indian Penal Code, 1860, to mean harm caused to body, mind, reputation or property. On that basis, the Court held that the status of victim belongs only to the actual sufferer of the offence, and not to another person merely because of emotional harm or familial connection, unless the latter qualifies as a guardian or legal heir of the actual sufferer. The Court further held that "legal heir" must be understood in its ordinary legal sense, while "guardian" includes natural, legal and judicial guardians, but any claimant must establish that status on the facts before seeking to appeal.

Conclusion: The word "victim" does not extend to every relative or affected person; it is confined to the actual sufferer of the offence, and in the victim's absence or disability, only the guardian or legal heir may maintain the appeal.

Final Conclusion: The reference was answered by affirming a narrow construction of victimhood for appellate locus under the proviso to Section 372, leaving the applicant to establish any claim as guardian or legal heir before the appropriate Bench.

Ratio Decidendi: For an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, "victim" means only the actual sufferer of the offence, and appellate standing extends to others only if they establish themselves as the victim's guardian or legal heir.

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