Victim's right to appeal against acquittal treated as an independent remedy and routed to the Sessions forum.

A victim's appeal against acquittal under the proviso to Section 372 CrPC was recognised as an independent statutory remedy, distinct from the leave requirement under Section 378(4). Applying later Supreme Court declarations retrospectively, the Court held that a complainant in a private complaint falls within the meaning of "victim" for this purpose. The pending leave request was therefore not to be examined as an application for leave, but routed as an appeal to the proper appellate forum, with the matter sent to the Sessions Judge for disposal on merits.

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Issues: Whether the leave application against acquittal was to be treated as an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 and transferred to the Sessions Court for consideration on merits.

Analysis: The right of a victim to appeal was treated as an independent and unconditional right under the proviso to Section 372 of the Code of Criminal Procedure, 1973, distinct from the leave requirement under Section 378(4). The Court relied on the later Supreme Court pronouncements to hold that the legal position declared therein applied retrospectively, and that a complainant in a private complaint of the present nature fell within the concept of victim for purposes of the proviso to Section 372. In that view, the pending request for leave was not to be dealt with as a leave application but as an appeal to be placed before the appropriate appellate forum.

Conclusion: The leave application was directed to be treated as an appeal under Section 372 of the Code of Criminal Procedure, 1973 and sent to the Sessions Judge for disposal on merits.

Final Conclusion: The proceeding before the High Court was concluded by routing the challenge to the acquittal to the Sessions Court under the victim-appeal framework rather than under the leave mechanism.

Ratio Decidendi: A victim in a private complaint is entitled to pursue the statutory appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, and a later declaration of law on that right applies retrospectively.

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