Reopen a criminal case after 2 years of judgement
Mahendra
(Querist) 09 June 2014
This query is : Resolved
In the year 2007,The days when I am in college one if My classmate beat Me and I got a Depressed Fracture on My Forehead(SERIOUS INJURY).I gave a complaint in the Police Station and the case was booked [UNDER SEC.324] .
After a long period .i.e.; in the year 2012 (MARCH) I got a summons from the court to attend the case and to give My witness. I gave My witness and there is no judgement on that day and I returned back to Home.
After 1 year, I came to know that the case is Closed and judgement is that the [IPC Sec.324] on which the accused is booked is changed to [IPC sec.322A] in this case and Culprit was Fined of only Rupees 1000/-.
Even though I Won the Case I am not Satisfied because,the expenditure for the treatment for the fracture which I got on My forehead is already Rs.20,000 and above.
For the operation to that fracture is expected to be atleast 60,000 Rupees which is not done till now.
But the Culprit was fined Only Rs. 1000/- .
So I asked few people whether it is possible to RE-OPEN the case after 2 years from the day of Judgement (MARCH 2012) as I already Won but not satisfied.
But I am not getting a proper Answer.
Incident happend in Oct. 2007
Judgement given on Mar. 2012
(I won the case)
IS IT POSSIBLE TO RE-OPEN THE CASE NOW..?
I WANT TO APPEAL IN HIGHER COURTS IF POSSIBLE .
Dr J C Vashista
(Expert) 09 June 2014
Yes, you can file an appeal with an application for condonation of delay explaining reasons for delay (to the satisfaction of the Court).
Devajyoti Barman
(Expert) 09 June 2014
Though technically is is possible to prefer appeal even today but the court is unlikely to condone the delay of 2 years.
Lawyer SALEEMA
(Expert) 09 June 2014
With great respect, I am disagreeing with the views of the above experts.
From your query it is clear that the case was conducted by the police by representing the state based on your information given to the police, like other criminal cases. Thus, the state and the accused (culprit) alone are the parties in the said proceedings and you were one of the witness.
No doubt, aggrieved party to the proceedings alone can prefer appeal.
Since you are not a party as stated above, and since the state and accused alone are the party, you can not prefer appeal at your own. On the other hand, either the state or the accused has to go for appeal.
Whereas, you have the liberty to file civil case under the law of torts for claiming compensation for the injury and loss caused to you.
Devajyoti Barman
(Expert) 09 June 2014
Under section 378(4) of crpc the complainant cna prefer appeal with the leave of the high court. However there is limitation period.
In filing the Revision no such restrictions si there and the complainant can challenge the judgement and order u/s 401 of crpc.
Dr J C Vashista
(Expert) 09 June 2014
Dear Ms. Saleema Kabeer Ji,
I agree with Sh. devajyoti Barman, besides this there is an amendment in Section 372 Cr. PC and after that even complainant/ victim can move in appeal.
Lawyer SALEEMA
(Expert) 09 June 2014
Sir,
Section 378(4) Cr.P.C. is applicable only in respect of private Complaint cases instituted under section 200 Cr.P.C.
Whereas, this case is instituted and tried as police case. Therefore, in my view, as for as this case is concerned, the section 378(4) is not applicable.
R.K Nanda
(Expert) 09 June 2014
no more to add.
V R SHROFF
(Expert) 09 June 2014
TRY IT, as advised by above experts +AND ALSO TRY CIVIL DAMAGES, QUOTING MATTER C DELAY CONDONATION.
Rajendra K Goyal
(Expert) 09 June 2014
Move as advised by the expert VR Shroff ji.
P. Venu
(Expert) 09 June 2014
The victim can file an appeal in terms of proviso to Section 372 Cr.PC. However, it may not of much help to him.
The proper remedy for him was to file a suit for damages. However, it may be too late by now. Please not that law does not provide for condoning delay in filing a civil suit.
T. Kalaiselvan, Advocate
(Expert) 12 June 2014
Amendment act 2008 - Clause 29 amends section 372 of Cr.P.C relating to appeals from judgment or order of a criminal court. It gives to the victim the right prefer an appeal against any adverse order passed by the trial court, i.e., acquitting the accused or convicting for a lesser offence or imposing inadequate compensation and such appeal shall lie to the court which an appeal ordinarily lies against the order of conviction of such court.
