UDAY UMESH LALIT,J. - (1.) Criminal Appeal @ out of SLP (Crl.) No.7014 of 2012)
(2.) The appellant was tried in Sessions Trial No.22 (WT/K) 2010 in the Court of Additional Sessions Judge, Khowai, West Tripura for having committed offences punishable under Sections 342, 376(2)(b) and 506 IPC and was acquitted of all the charges leveled against him vide judgment of the Trial Court dated 28.04.2011. Respondent No.2, i.e. the victim challenged the acquittal by filing Criminal Appeal No.23 of 2011 in the Gauhati High Court, Agartala Bench. This appeal was filed under Section 372 of Code of Criminal Procedure, 1973 ('Cr.P.C.' for short). When the appeal was listed for admission, an objection was taken that unless "leave" was granted under Section 378(4) of Cr.P.C., the appeal could not be admitted. At this juncture, a petition under Section 482 of Cr.P.C. was filed by Respondent No.2 for treating said criminal appeal under Section 372 read with Section 378 Cr.P.C.
(3.) The matter was contested. The High Court by its judgment and order dated 06.06.2012 concluded that there was an unfettered right conferred upon the victim by Section 372 Cr. P.C. and that no leave was required for the victim to file such appeal. Consequently, the High Court observed that there was no necessity for converting the appeal to one under Section 372 read with 378 Cr.P.C. The following observations are noteworthy:- "The proviso to Section 372 has created a right to appeal unfettered of any leave or sanction and it shall automatically lie to the forum where an appeal ordinarily lies against the order of conviction of such court if the said appeal against the judgment and order of acquittal is filed by the victim as defined in Section 2 (wa) of Cr.P.C. For the reasons as stated above, this court is of the view that even though the right to appeal for the victim has been created by the proviso to Section 372 of Cr.P.C, the said proviso itself is a comprehensive provision, not fettered by any leave or sanction as required for the categories of appeals as depicted in Section 378(1), 378(2) and 378(4) of Cr.P.C. No leave is required for the victim to file an appeal as against the order of acquittal under the proviso to Section 372 of Cr.P.C." ;