Breaking: Victim Can File Appeal Against Acquittal Without Seeking Leave To Appeal: SC, Justice Gupta Dissents

In a landmark judgment, the Supreme Court has held that a victim can file an appeal in the High Court against the acquittal without seeking leave to appeal.A three Judge Bench comprising Justice Madan B. Lokur,Justice S. Abdul Nazeer and Dipak Gupta was considering the following questions;1.Whether a ‘victim’ as defined in the Cr.P.C. The language of the proviso is quite explicit, and we should not read nuances that do not exist in the proviso.” Victim entitled to file appeal against acquittal The majority judgment reached the following conclusion: “On the basis of the plain language of the law and also as interpreted by several High Courts and in addition the resolution of the General Assembly of the United Nations, it is quite clear to us that a victim as defined in Section 2 of the Cr.P.C. would be entitled to file an appeal before the Court to which an appeal ordinarily lies against the order of conviction.” 378 CrPC has no effect on 372 CrPC On the aspect of necessity of seeking Leave from the High court to file appeal, the majority said: “The language of the proviso to Section 372 of the Cr.P.C. Therefore, I am of the view that when the victim files an appeal against acquittal in the High Court he has to seek leave to appeal under Section 378 CrPC.”, Justice Gupta said.