Revision can be filed against acquittal by sessions court?
Sukhija
(Querist) 20 February 2010
This query is : Resolved
Hi
In 138 matter accused was convicted by Magistrate's Court.The accused filed Cri. Appeal against conviction in Sessions Court and was acquitted.
Now, can the complainant file revision/appeal challenging the order of acquittal passed by sessions court before High Court?
Thanks in advance.
bhupender sharma
(Expert) 20 February 2010
no not agree with the opinion, u can not file. In this regard u have to file an appeal against acquital provided under section 378 of the Criminal Procedure Code.
Guest
(Expert) 20 February 2010
yes. complainant can file appeal according to the provisions ofsection 378 (4) crpc . reason is the words used in sub section (4) "special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court." the word "order of acquittal" includes order of acquittal includes original and appeallate order of acquittal.
378. Appeal in case of acquittal.
(1) Save as otherwise provided in sub-section (2) and subject to the provisions of subsections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court 1[or an order of acquittal passed by the Court of Session in revision].
(2) In such an order of' acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into all offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the Provisions subsection (3), to the High Court from the order of acquittal.
(3) No appeal under subsection (1) or subsection (2) shall be entertained except with the leave of the High Court.
(4) If such an order of' acquittal is passed in any case instituted upon Complaint and the High Court, on an application made to it by the complainant in this behalf, grants, special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under subsection (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under subsection (2).
Raj Kumar Makkad
(Expert) 20 February 2010
I do agree with ajitabh and bupender.
Kiran Kumar
(Expert) 20 February 2010
S.378 clearly provides that in Complaint case the Appeal against acquittal lies before the High Court.
however there shall be a compliance of S.378(4) Cr.P.C also.
in case of police case, the appeal against acquittal (acquittal by magistrate) lies before Sessions court (after amendment of 2006)
