Criminal Procedure Code, 1973, Section 372 - - Appeal - Question of double jeopardy is irrelevant to construction of S.372 Proviso Cr.P.C. - Double jeopardy is protection against second trial after acquittal while S.372 Proviso Cr.P.C. guarantees right to appeal - Appeal proceedings are not equivalent to a retrial...........
Criminal Procedure Code, 1973, Section 372 - - Appeal - S.372 Proviso Cr.P.C. establishes an independent, substantive right of appeal in favour of victim in certain circumstances - S.372 Cr.P.C. forbids appeal unless otherwise authorized by Cr.P.C. or any other law but proviso to S.372 Cr.P.C. dispenses with requirement of leave in case it is victim who is appealing -..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Locus standi of private parties - Maintainability - There has to be relationship between injury and victim - Injury has to be proximate, it cannot be remote - Where victim is unable by reason of trauma, shock or other disability, to make a choice of preferring appeal, those who are in a position to do so on her or his..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Locus standi of private parties - Maintainability - Presumption of innocence in favour of accused after acquittal was sought to be protected by not only subjecting the appellant remedy to leave to Court but also restricting this remedy to only hands of State and complainant - Standing of private third party to..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right to appeal given to a `victim' u/s 372 Proviso Cr.P.C. is prospective - It is the date of passing of order to be appealed from and not any other fact situation, which shall determine the right to appeal of a victim...........
Criminal Procedure Code, 1973, Section 372, 378(3), (4) -- Appeal against acquittal by victim - Leave to appeal - No such leave is contemplated by S.372 Cr.P.C. - No formal application for grant of leave is required for filing appeal against acquittal by victim...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal by victim - Power of High Court to admit or dismiss appeal in motion hearing - Is intact and cannot be taken away, as requirement of obtaining leave and power of High Court to dismiss the appeal summarily is not one and the same...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal by victim - Limitation - No limitation is provided for filing appeal against acquittal by victim as S.372 Proviso Cr.P.C. and Art.114 of Limitation Act is silent - However, such an appeal should be filed within reasonable time - But it would not be appropriate to hold that limitation should be counted..........
Criminal Procedure Code, 1973, Section 372 - - Appeal against acquittal - Complainant is not entitled to prefer an appeal u/s 372 Proviso Cr.P.C. before Court of Session against judgment of acquittal passed by subordinate criminal Court arising out of criminal complaint filed by complainant as he is required to prefer an appeal under S.378(4) Cr.P.C. before High Court..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right of victim - Limitation - Victim has to file appeal within a reasonable time after date of knowledge of judgment impugned in appeal - If Appellate Court finds that appeal is designedly or deliberately delayed, Appellate Court need not entertain the appeal on that ground - Every case has to be decided on facts and..........
