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

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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, leave of High Court is required to file an appeal. As such, a leave petition was filed. The High Court however relying upon the judgment aforesaid directed that leave being not required, the petition is allowed. Consequently, the appeal was entertained.
State which is the basic contesting party in a criminal prosecution instituted upon a police investigation chosen not to file an appeal against the acquittal order. The victim however challenged the acquittal.
After discussing the evidence, the High Court found the testimony of witnesses unworthy and therefore it upheld the order of acquittal by observing “In the present case, on a cumulative reading and appreciation of the entire evidence on record, I am of the considered view that the evidences on record have been held to be unworthy of acceptance because the same are found to be replete with infirmities and not supported with medical evidence. There are considerable inconsistencies and discrepancies in the statement of the witnesses, which consequently creates reasonable doubt on the case of prosecution”.

 Read the judgment here:




MANISHANKAR
CEO-ANTI-CORRUPTION AND HUMAN RIGHTS MOVEMENT®-CHENNAI
Email: anticorruption.org2007@gmail.com.
Mobile: 91 9087856137

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