DELHI HIGH COURT: VICTIM CAN DIRECTLY FILE APPEAL WITHOUT LEAVE, READ THE JUDGMENT

Delhi High Court: victim can directly file appeal without leave, read the judgment The Bench of Justice Sehgal relied upon a Supreme Court judgment in Mallikarjun Kodagali (Dead), represented through Legal Representatives vs. State of Karnataka & Ors. , reported in 2018 (14) SCALE 32. April 01, 2019 (Delhi): Hon’ble High Court of Delhi recently has converted a leave petition directly into a proper appeal. The Court opined that a victim need not to file a petition to seek leave for appeal and can directly file the appeal challenging the order of acquittal. In the case in hand, the accused Danish was acquitted of the charges punishable under Section 323/341/506(II)/509 of the Indian Penal Code. Trial was conducted by the Magistrate and normally appeal lies with a Court of Sessions but since all these offences are bailable in nature therefore the appeal was to be filed before the High Court. In terms of Section-378 of CrPC, le...