Dear Sirs
|
In a criminal case, Learned magistrate acquitted the accused . Offence was u / ŕ´ 326 IPC . State does not file appeal. Now the victim intends to file appeal. Whether the a
ppeal lies before the District and sessions Court or high court ? under what provision of CrPC ?
If the victim intends to file an appeal against the acquittal of the accused, the appeal can be filed before the High Court under Section 378(4) of the Code of Criminal Procedure (CrPC), 1973.
According to this provision, any person, including the victim, aggrieved by an order of acquittal passed by a court other than a High Court, may file an appeal before the High Court. In this case, since the order of acquittal was passed by a learned Magistrate, the victim can file an appeal before the High Court.
It is important to note that the appeal must be filed within the specified time limit mentioned in Section 378(3) of the CrPC, which is generally 90 days from the date of the order of acquittal
