State Alone Can Appeal Against Acquittal In Police-Report Cases, Third Party Lacks Locus: Delhi High Court
The Delhi High Court has held that in criminal cases arising out of a police report, the right to file an appeal against acquittal vests exclusively with the State.Justice Amit Mahajan held that a third party cannot maintain such an appeal by invoking the proviso to Section 372 CrPC, unless she qualifies as a “victim” under the statutory definition.The bench observed,“At the outset, it...
The Delhi High Court has held that in criminal cases arising out of a police report, the right to file an appeal against acquittal vests exclusively with the State.
Justice Amit Mahajan held that a third party cannot maintain such an appeal by invoking the proviso to Section 372 CrPC, unless she qualifies as a “victim” under the statutory definition.
The bench observed,
“At the outset, it is apposite to mention that Section 378 CrPC is the specific provision dealing with appeals against acquittal. In cases instituted upon a police report, the right to prefer an appeal is vested exclusively in the State Government through the Public Prosecutor.”
It thus dismissed a criminal revision petition filed by a woman seeking to challenge the acquittal of an accused in a forgery case relating to a disputed property, after the State chose not to file an appeal against the acquittal.
The Court noted that Section 378 of the CrPC does contemplate appeals against acquittal by a complainant, but only in cases instituted upon a complaint.
“The present proceedings do not fall within that category as the Revisionist was not the complainant in the case,” the Court held.
Further examining the petitioner's reliance on the proviso to Section 372 CrPC, the Court held that she did not fall within the definition of “victim” under Section 2(wa) CrPC.
It observed that the alleged acts of forgery were directed solely against another individual, and the petitioner neither suffered direct loss nor injury attributable to the offences for which the accused was charged.
As such, the Court dismissed her plea.
Appearance: For the Petitioner : Mr. Yash Gupta and Ms. Khushi Verma, Advocates. For the Respondent : Mr. Sunil Kumar Gautam, APP for the State with SI Mahabir, PS EOW. Mr. Sanjay Dewan, Senior Advocate with Ms. Kashish Jain, Advocate for R-2 (through VC). R-2 in person (through VC).
Case title: Smt Sudha Sharma v. State Nct Of Delhi & Anr.
Case no.: CRL.REV.P. 627/2023