Victim's appeal against acquittal under Section 372 CrPC is independent and need not await leave under Section 378(4).

A victim, including a complainant in a private complaint, may appeal against acquittal under the proviso to Section 372 CrPC without obtaining leave under Section 378(4). The statutory right of appeal under Section 372 is independent of the leave requirement applicable to a complainant's appeal, and the proper forum for such a victim's appeal is the Court of Sessions. The court harmonised the provisions to avoid procedural anomaly and directed that the matter be treated as an appeal and sent to the Sessions Judge for decision on merits.

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Issues: Whether a complainant in a private complaint, treated as a victim, can prefer an appeal against acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 without seeking leave under Section 378(4) of the Code of Criminal Procedure, 1973, and whether the pending matter should be treated as such an appeal.

Analysis: The governing principle was taken from the recent authoritative pronouncement that a victim's right of appeal under the proviso to Section 372 is independent and is not controlled by the leave requirement applicable to a complainant under Section 378(4). The complainant in a private complaint is not excluded from the definition of victim, and the appellate remedy is available before the Court of Sessions. The judgment also followed the later coordinate-bench view that appeals by victims against acquittal in private complaint matters should proceed before the Sessions Court, and that the statutory scheme should be harmonised to avoid procedural hardship and anomaly.

Conclusion: The application was allowed in effect by treating the matter as an appeal under Section 372 and directing restoration and transmission to the learned Sessions Judge for disposal on merits.

Final Conclusion: The complainant was permitted to pursue the challenge to acquittal as a victim's appeal before the Sessions Court, without obtaining leave under Section 378(4).

Ratio Decidendi: A victim, including a complainant in a private complaint, may challenge an acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 without seeking special leave under Section 378(4), and the appellate forum is the Court of Sessions.

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