LAW OF CRIMES - II

APPEAL AGAINST ACQUITAL BY VICTIM

SYNOPSIS/COLLECTION OF MATERIAL

Aditya Tanay Pandey

2016_006

4th Semester

B.A.LLB.

Submitted To – Prof. Chirag Balyan

 1. INTRODUCTION

The word appeal means the right of carrying a particular case from an inferior to a superior court
with a view to ascertain whether the judgment is legally sustainable. An appeal is a redressal
mechanism created by the statute and only functions when expressly given. In criminal law, the
provision which makes this law is Section 372 of the Code of Criminal Procedure 1973. It states:

“No appeal shall lie from any judgment or order of a Criminal Court except as provided for by
this Code or any other law for the time being in force.”1

The proviso of Section 372 of The CrPC which was added by 2009 amendment further adds:

“Provided that 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, and such appeal shall lie to the Court to which an appeal ordinarily lies against
the order of conviction of such Court.”2

The amendment of 2009 and this addition make for the main focus of this project. Thus, the main
objective of my project will be the changes brought in by the judgements of Satya Pal Singh v.
State of MP3 as well as that of Ram Phal v. State & Ors.4 These judgements play a key role in
examining the key words of this papers’ topic, namely ‘appeal against acquittal’ and ‘victim’.
The Ram Phal5 judgment primarily deals with the issues relating to the definition of a victim,
their right to appeal as well as the limitation of such a victims right. The Satya Pal Singh6
judgment on the other hand, solidifies the apex courts stand on the issue of victims right to
appeal and whether it is necessary to get a leave of High Court first. These judgments as well as
the judges’ stances on these issues will be explored in further in the following chapters.

1
§ 372 of Code of Criminal Procedure, 1973
2
Ibid.
3
(2015) 15 SCC 613
4
221 (2015) DLT 1
5
Ibid.
6
Supra at 1.
 2. OBJECTIVE

The researcher will be narrowing his research within the theme of Acquittal to the topic of
Appeals by Victim. Furthermore he will study the development of rights of a victim to appeal.
The researcher will be conducting both primary and secondary research. Primary research
will mainly consist of going through the leading judgments in the field of appeals filed by
victims. The secondary research will constitute reference to the literature available in the
Library as well as that retrievable from online sources.

3. CHAPTER SCHEME

The researcher will be following this division of the paper:

I. INTRODUCTION – This chapter will give the basic outline of what the research
paper will entail. This would include a brief description of what is meant by terms
‘appeal’ and ‘victim’ as well as brief description of relevant sections.
 R.V. Kelkar, Criminal Procedure, 693-696 (6th ed. 2014)
 P.L. Malik, Criminal Court Handbook, 489 (22nd ed. 2015)

The researcher will refer to the aforementioned books for this chapter as they provide
a good base to dwell deeper into all sections related to Appeal (Section 372 - Section
394).

II. INTERPRETATION OF ‘VICTIM’

This chapter will explore the interpretation of the term ‘victim’ in cases of appeal.
Special focus will be laid on the Ram Phal judgment and how it came to describe who
comes under the definition of victim. This judgment was the first to clearly state what
constitutes the definition of ‘victim’ after coming of the 2009 amendment.

 Ram Phal v. State & Ors 221 (2015) DLT 1

 Satya Pal Singh v. State of MP (2015) 15 SCC 613
 Roopendra Singh v. State of Tripura and Ors. (2017) 13 SCC 612
III. LEAVE OF HIGH COURT FOR APPEAL BY VICTIM
This fore mentioned chapter will dwell upon the Satya Pal Singh Judgment and how
the apex court has decided on the proviso of Section 372 of CrPC. This chapter will
also draw comparatives to the Ram Phal judgment and how the apex court has
differed from the Delhi High Court under the head of ‘leave to appeal’.

 Ram Phal v. State & Ors 221 (2015) DLT 1

 Satya Pal Singh v. State of MP (2015) 15 SCC 613
 Roopendra Singh v. State of Tripura and Ors. (2017) 13 SCC 612

IV. VICTIM ORIENTATION OF CRIMINAL JUSTICE

The aforementioned chapter will explore various committee reports. This chapter will
explore how the present criminal justice system is totally centered around the accused
and hence ignores the victims for whom the system exists and operates.
 Dr. Justice V.S. Malimath, Malimath Comm. Report, Comm. on reforms of
Criminal Justice System, (2003).
This committee report explains the meaning and scope of a criminal justice
system as well as the need for an effective system and the role it plays in
society.

 Dr. N.R. Madhava Menon, Draft National Policy on Criminal Justice, Report
of Comm., (2007).
The report explains the need for good management and administration and
how only an efficient and effective system can fulfill the actual purpose of a
criminal justice system.

V. CONCLUSION – The researcher will conclude his research in this chapter and will
formulate his key takeaways. The research will highlight the current stance on the
‘appeal against acquittal by victim’, thus combining the above two chapters to give
the present day scenario.