TaxTMI 
TaxTMI 
2012 (12) TMI 1140
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.... the order of a criminal court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, is maintainable. 2. On the other hand, the learned counsel for the respondents-accused submitted that as per the proviso appended to Section 372 Cr. P.C., only the victim has a right to prefer an appeal against the order of a criminal court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation. The appellant being the de facto complainant and brother of the deceased and P.W. 1 in the case, he will not come within the definition of the word 'victim', as defined under Section 2(wa) Cr. P.C., at his instance, criminal appeal as provided under Section 372 Cr. P.C., against the order of a criminal court acquitting the accused, is not maintainable. In support of this argument, he placed reliance on the judgment of the Apex Court in National Commission for Women v. State of Delhi and of the High Court of Kerala in John v. Shibu Cherian 2011 Laws (Ker.) 8-44. 3. Heard the learned counsel for the appellant-de facto complainant and the learned counsel for the respondents-accused. 4. In the light of the arguments....
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....took note of the fact that the accused, who had tremendous influence, both political and financial or otherwise was getting away after committing crime and the victim was very often left without remedy either of filing of appeal or challenging the inadequate compensation which was awarded. The Legislature having taken cognizance of this shortcoming, based on the report of the Law Commission, felt it appropriate and accordingly, by Act 5 of 2009 amended Section 372 Cr. P.C., by adding a proviso. The amendment came into force w.e.f. 31.12.2009. Now after the amendment Section 372 Cr. P.C. reads as follows: 372. No appeal to lie unless otherwise provided. - No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Court or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. 8. Prior to amendment of Sectio....
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....ppeal in the matter, still appeal at the instance of the Commission was maintainable under the inherent powers of the Apex Court, since leave to file SLP was already granted, and at that stage, it was not open to the Apex Court to revoke its earlier order and doubt the maintainability of the SLP. 13. Disagreeing with the stand taken by the counsel for the National Commission for Women, the Apex Court held as follows: Chapter XXIX of the Code of Criminal Procedure deals with "Appeal(s)". Section 372 specifically provides that no appeal shall lie from a judgment or order of a criminal court except as provided by the Code or by any other law which authorizes an appeal. The proviso inserted by Section 372 (Act 5 of 2009) with effect from 31.12.2009, gives a limited right to the victim to file an appeal in the High Court against any order of a criminal court acquitting the accused or convicting him for a lesser offence or the imposition of inadequate compensation. The proviso may not thus be applicable as it came in the year 2009 (long after the present incident) and, in any case, would confer a right only on a victim and also does not envisage an appeal against an in....
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....xt issue that falls for consideration is whether insertion of the proviso to Section 372 Cr. P.C. is prospective or retrospective in nature. 17. First we would like to deal with the issue, who is a "heir". The word "heir" has been interpreted by the Supreme Court in several cases which means all persons who are entitled to the property of another under the law of inheritance. In Section 2(wa) of Cr. P.C., since the word heir is preceded by the word "legal", it must be construed in the legal sense as that is the clear intention of the Legislature. The expression "legal heir" in relation to a victim, therefore, clearly refers to a person who is entitled to the property of the victim under the applicable law of inheritance. 18. Whereas in the present case, parties are Hindus and the law of heritance applicable to them is the Hindu Succession Act. Section 8 of the Hindu Succession Act sets out the general rules of succession in case of a male Hindu dying intestate, the property would devolve first up on the heirs specified in Class-I of the schedule and secondly, if there is no heir of Class-I, then up on the heirs specified in Class-II of the schedule; thirdly if there is no hei....