Criminal appeal from acquittal in trial court
M Satyanarayana
(Querist) 28 January 2014
This query is : Resolved
Sir,
When FIR is lodged in the Police Station by the victim and same is manipulated by I.O. to benefit the accused leading to insufficient investigation. When the victim comes to know after pronouncement of judgement that the accused is acquitted and was made to believe from the time of filing FIR the accused will be punished. How can he appeal in the High Court when the investigation at the trial was not effectively carried out.
The victim has no fault of his own still injustice has been done and state will not appeal in the high court how can victim will bear the expenses from his own pocket for appeal. Is there any monitoring system for cases acquitted or punished.
The criminal is not punished on the contrary he can go scot free with bribe and victim has to bear the expenses for approaching Higher Court. Crime is not punished.
What are the remedies for such a victim other than Legal Aid Cell.
Please kindly inform the procedures.
Thanking you,
MSN
adv. rajeev ( rajoo )
(Expert) 28 January 2014
STate will have to file an appeal against the acquittal. You can contact the Public prosecutor if it is sessions case. If it is triable by magistrate then meet the APP,
Advocate. Arunagiri
(Expert) 28 January 2014
If the state is not filing the appeal against acquittal, the defacto complainant can file the appeal against acquittal.
Raj Kumar Makkad
(Expert) 30 January 2014
Even complainant can file the appeal under section 372 of criminal Procedure code before sessions Judge or High court.
