New Delhi: After Focusing for Decades on Ensuring Fair Trial to Accused Persons and their Unfetted Right to appearance to appeal against conviction, supreme court in a significant interpretation of Criminal Law Has Conferred Similar rights on Victims of Crime, and even their legal hears, to challenge acquittals.Till now, in the case of acquittal of an accused by trial court or high court, either the state or complainant had the right to file an apple. A Bench of Justices BV Nagarathna and Kv Viswanathan Last Week Extended The Right to appeal against achiest accountal of accuses to two more categories of people – that who success in the crime and Legal hears of victims of the crime.Writing the 58-page precedent-setting Judgment, Justice Nagarathna Said, “The right of a victim of a crime of a crime must be placed on par with the right of an account of an act Matter of Right, Can Prefer An APEAL Under Section 374 of CRPC (Code of Criminal Procedure). “
“We find the Victim has every right to prefer an appeal as against a conviction for a lesser offense or for imposing indequate compensation or even in the case of an out of CRPC, “The Bench said.Threading Analogous Sc Judgments and Law Commission Reports, The Bench Concluded That The Right of Victims of Crime to file appea “Cannot be circumscribed”.The bench expanded the Ambit of “Victims of Crime” for the purpose of filing an appeal and said their legal heirs could containue prosecution of such of such appeals. “A person convicated 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. Nature of the crime, must have a right to prefer an appeal as per the crpc, “She said. Justices Nagarathna and Viswanathan Said If the Victims of an offense had the right to appeal against accountal or Lesser Punishment Awarded to the Awarded, then his legal heirs walds Prosecute the appeal if after filing of the appeal, the injured person dies.Sc prosecutal of accused, the state through the public prosecutor can file an apple with permission of the appellate court even if the Complainant does not character.“It is not always the state or a complainant before an appeal. 378 (4) of the CRPC would be contrary to what has been intended by the parliament by insertion of the proviso to section 372 of the CRPC, “It Forthher Said. “Hence, the statutory Rigors for filing of an appeal by the state or by a complain File an appeal on the grounds mentioned therein, when none exists, “SC Said.
