Victim’S Right To Appeal Against Acquittal
✅ I. Introduction
In criminal law, an acquittal means the accused has been found not guilty. Historically, only the State or prosecuting authority could appeal against such acquittals. However, in recent years, the legal system has evolved to recognize that victims, too, are stakeholders in justice and should have certain rights — including the right to appeal.
The Criminal Procedure Code (CrPC), especially after the 2009 amendment, acknowledged this right.
✅ II. Statutory Provision – Section 372 of the CrPC (Post-2009 Amendment)
Proviso to Section 372 of CrPC:
“...the victim shall have a right to prefer an appeal against any order passed by the court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation...”
This amendment gave a statutory right to the victim to appeal an acquittal, conviction for a lesser offence, or inadequate compensation.
However, the victim must seek “leave to appeal” from the High Court under Section 378(3) CrPC.
✅ III. Who is a “Victim”?
As per Section 2(wa) CrPC:
“Victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused has been charged.”
It includes:
The injured person
The family of the deceased (in case of homicide)
Any person directly affected by the crime
🧑⚖️ IV. Landmark Case Laws (Detailed Explanation of More Than 5 Cases)
🔹 1. Mallikarjun Kodagali v. State of Karnataka
(2018) 14 SCC 276
Facts:
The accused was acquitted in a case of assault. The victim approached the High Court after the 2009 CrPC amendment but was denied the right to appeal.
Issue:
Can a victim file an appeal against acquittal even if the offence occurred before the 2009 amendment?
Judgment:
The Supreme Court held that the right to appeal is procedural, not substantive, and can be applied retrospectively.
Victims have an independent right to appeal an acquittal under the proviso to Section 372, regardless of whether the State appeals or not.
✅ Significance:
This is a landmark judgment that strengthened the victim’s right to appeal and clarified that they do not have to wait for the State to act.
🔹 2. Satya Pal Singh v. State of Madhya Pradesh
(2015) 15 SCC 613
Facts:
The father of a deceased girl (in a murder case) filed an appeal against the acquittal of the accused.
Issue:
Whether the father of the deceased qualifies as a “victim” under Section 2(wa) CrPC?
Judgment:
The Supreme Court held that the father of the deceased is a victim and therefore has locus standi (legal standing) to appeal against acquittal.
Leave to appeal under Section 378(3) is still required.
✅ Significance:
Expanded the scope of who can be considered a victim, thereby widening access to appellate remedies.
🔹 3. K. Ramachandran v. V.N. Rajan & Others
Kerala High Court – 2012
Facts:
The complainant filed an appeal against acquittal in a police brutality case.
Issue:
Can a victim file an appeal directly under the new Section 372 proviso?
Judgment:
The Court held that the victim’s right to appeal is not automatic.
Leave of the High Court is mandatory, even under the proviso to Section 372.
This is consistent with Section 378(3) CrPC.
✅ Significance:
Reaffirmed that victims must follow proper procedure, i.e., seek permission (leave) from the High Court before filing the appeal.
🔹 4. Rekha Murarka v. State of West Bengal
(2020) 2 SCC 474
Facts:
The daughter of a deceased person wanted to act as a co-prosecutor during the trial and appeal process.
Issue:
Can a victim conduct prosecution independently or be treated as an equal party with the State?
Judgment:
The Supreme Court recognized the victim’s right to participate, but not to take over the prosecution.
However, in case of acquittal, the victim has the right to appeal independently.
✅ Significance:
Clarified that while the victim has the right to appeal, they do not have prosecutorial powers in a State-led trial.
🔹 5. Joseph Stephen v. Santhanasamy
Madras High Court – 2013
Facts:
Victim of a sexual assault case appealed against the acquittal of the accused.
Judgment:
The Court held that the victim has an independent and statutory right to appeal under the 2009 amendment.
Even if the State does not file an appeal, the victim can.
✅ Significance:
Emphasized that the victim's appeal is not dependent on the State taking action.
🔹 6. Ram Phal v. State of Haryana
Punjab & Haryana High Court – 2015
Facts:
The father of a murdered girl appealed against the acquittal of the accused.
Judgment:
The Court clarified that “victim” includes family members of deceased persons.
Reaffirmed the right of such victims to appeal under Section 372 proviso.
✅ Significance:
Recognized emotional and social loss as grounds for granting victim status and appeal rights.
✅ V. Key Principles Established by Courts
| Legal Question | Judicial Finding |
|---|---|
| Can a victim appeal against acquittal? | ✅ Yes, under the proviso to Section 372 CrPC (post-2009) |
| Is leave of the High Court necessary? | ✅ Yes, as per Section 378(3) CrPC |
| Can victim appeal without waiting for the State? | ✅ Yes, they have an independent right |
| Who qualifies as a “victim”? | ✅ Direct victims or relatives (e.g., parents of deceased) |
| Can this right be applied retrospectively? | ✅ Yes (per Mallikarjun Kodagali case) |
🛑 VI. Limitations of Victim’s Right to Appeal
No right to directly conduct prosecution
Leave of court is mandatory
Right does not extend to appeals in every type of acquittal unless permitted by law
Procedural delays and complexities may exist
✅ VII. Conclusion
The 2009 amendment to CrPC and subsequent judicial decisions have empowered victims with the right to appeal against acquittal. This shift reflects the evolving nature of criminal law towards a more victim-centric approach, aiming to ensure that justice is not just done, but seen to be done.
The judiciary has balanced this right carefully, ensuring it complements — not overrides — the State’s prosecutorial function. Today, victims are not helpless observers, but active participants in the pursuit of justice.
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