In a significant judgment, the Supreme Court has held that victims of crime, including their legal heirs, can file an appeal against acquittal of the accused.
A bench of Justices B V Nagarathna and K V Viswanathan said the right of a victim of a crime must be placed on a par with the right of an accused who has suffered a conviction.
“We find the victim has every right to prefer an appeal as against a conviction for a lesser offence or for imposing inadequate compensation or even in the case of an acquittal …as stated in the proviso to Sec 372 of CrPC,” the bench said.
The top court in its August 22 judgment said the right of victims of crime to file appeal in a higher court against acquittal of the accused, or award of lenient punishment “cannot be circumscribed”.
Expanding the ambit of “victims of crime” for the purpose of filing an appeal, the apex court said their legal heirs could continue prosecution of such appeals in case the appellant-victim dies during the pendency of appeals. “A person convicted of a crime has the right to prefer an appeal under Section 374 of the CrPC as a matter of right and not being subjected to any conditions. Similarly, a victim of a crime, whatever be the nature of the crime, must have a right to prefer an appeal as per the CrPC,” the bench said.
In a criminal case, both the convicted person and the State (through the Public Prosecutor) can file appeal The top court said a proviso was added to section 372 of CrPC (No appeal to lie unless otherwise provided) in 2009 to include victims It said the victim of an offence has the right to prefer an appeal under the proviso to Section 372 CrPC, irrespective of whether he is a complainant or not.
