JOYMALYA BAGCHI, J. - (1.) The questions which arise for determination in these cases are as follows:- (a) Whether a victim in a complaint case can avail of the right to appeal under proviso to Section 372 Cr.P.C.? (b) If so, what is the form and manner of availing of such remedy?
(2.) In order to answer the aforesaid questions a discussion as to evolution of the right to appeal against an order of acquittal in a criminal case under the Code of Criminal Procedure may be apposite. Evolution of Right of Appeal against Acquittal
(3.) The right of appeal against an order of acquittal was expressly barred in the Code of Criminal Procedure as enacted in 1861. Section 407 of the said Code, inter alia, provided as follows:- "S. 407.- No Appeal in cases of acquittal: There shall be no appeal from a judgment of acquittal passed in any Criminal Court." The remedy of appeal against acquittal was incorporated for the first time in 1872 in the interest of public safety, peace and order. ;