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2015 (2) TMI 1259 - HC - Indian LawsConstruction and interpretation of essentially two provisions of the Code - Section 372 - Section 378 - Whether complainant is entitled to prefer an appeal under proviso to Section 372 of Cr.P.C. before the Court of Session against the judgment of acquittal passed by subordinate Criminal Court arising out of criminal complaint filed by complainant or he is required to prefer an appeal under sub-section (4) of Section 378 of the Cr.P.C. before this Court after obtaining leave? Held that - Section 378(4) of the Code is a special provision dealing specifically with appeal by complainant in case of acquittal of accused in complaint cases and as such it will have overriding as well as exclusive application and effect in cases of acquittal of accused in cases instituted upon complaint. Section 378(4) of the Code lays down twin criteria for tenability of appeal that it should be filed in the High Court and that the appeal will lie after obtaining special leave. As a corollary it flows that complainant will not be entitled to prefer an appeal under proviso to Section 372 of the Code before the Court of Session against the judgment of acquittal passed by subordinate criminal court arising out of criminal complaint filed by complainant he will be required to prefer an appeal under Section 378(4) of the Code before the High Court after obtaining leave. The incorporation of proviso to Section 372 of the Code by Act No. 5 of 2009 providing right of appeal to the victim will not come to the aid those victims who are complainants having much role in the court proceedings. Appeal dismissed being not maintainable.
Issues Involved:
1. Whether a complainant is entitled to prefer an appeal under the proviso to Section 372 of Cr.P.C. before the Court of Session against the judgment of acquittal passed by a subordinate Criminal Court arising out of a criminal complaint filed by the complainant, or 2. Whether the complainant is required to prefer an appeal under sub-section (4) of Section 378 of the Cr.P.C. before the High Court after obtaining leave? Detailed Analysis: 1. Legal Framework and Precedents: The judgment addresses the scope of appeal against the judgment of acquittal at the instance of the complainant under the proviso to Section 372 of the Code of Criminal Procedure, 1973. The learned Advocate General argued that the remedy of special leave to appeal to the complainant in case of acquittal is provided under Section 378(4) of the Code. The proviso to Section 372, added by Amending Act No. 5 of 2009, grants the victim the right to appeal against the judgment of acquittal. The term 'victim' is defined under Section 2(wa) of the Code. The Advocate General emphasized that these provisions are distinct, and the complainant, who is also a victim, must seek special leave to appeal under Section 378(4) of the Code. 2. Judicial Opinions and Interpretations: The learned Advocate General cited several cases, including Subhash Chand v. State (Delhi Administration) and M/s. Top Notch Infotronix (I) Pvt. Ltd. v. M/s. Infosoft Systems & Ors., which support the view that an appeal against acquittal in complaint cases must be filed in the High Court under Section 378(4) of the Code. The learned counsel for the respondent and the applicant in Cr. Rev. No. 285/2014 argued that the Legislature did not restrict the definition of 'victim' and provided multiple remedies to the complainant who is also a victim. 3. Legislative Intent and Interpretation: The judgment underscores the classical principle of statutory interpretation, emphasizing that where the language of the statute is clear, the courts should not depart from the literal rule. The Supreme Court's observations in C.I.T., Mysore v. The Indo Mercantile Bank Ltd. were cited to highlight the proper function of a proviso. The judgment also refers to the 154th Law Commission Report on 'Victimology' and the Statement of Objects and Reasons of Act No. 5 of 2009, which reflect the concern for victims and the need to provide them with certain rights and compensation. 4. Reconciliation of Provisions: The judgment notes that Section 378(4) of the Code, a special provision dealing with appeal by the complainant in case of acquittal in complaint cases, imposes twin conditions: the appeal must be filed in the High Court and only after obtaining special leave. The proviso to Section 372 of the Code, a general provision, grants the victim the right to appeal in cases of acquittal, conviction for a lesser offense, or inadequate compensation. The judgment emphasizes the need to reconcile these provisions to prevent rendering any provision redundant. 5. Conclusion and Answer to the Reference: The judgment concludes that Section 378(4) of the Code, being a special provision, will have overriding and exclusive application in cases of acquittal in complaint cases. Therefore, the complainant is not entitled to prefer an appeal under the proviso to Section 372 of the Code before the Court of Session against the judgment of acquittal in complaint cases. Instead, the complainant must prefer an appeal under Section 378(4) of the Code before the High Court after obtaining special leave. Final Judgment: 1. The complainant is not entitled to prefer an appeal under the proviso to Section 372 of the Code before the Court of Session against the judgment of acquittal passed by a subordinate criminal court arising out of a criminal complaint filed by the complainant. 2. The complainant is required to prefer an appeal under Section 378(4) of the Code before the High Court after obtaining special leave. 3. The decision in Sunder Das Rohra (Cr. Rev. No. 779/2012) is overruled to the extent it contradicts this legal interpretation. The reference is answered accordingly, and the matters are to be placed before the appropriate Bench for further hearing.
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