syed khaled ahmed razvi 04 June 2022
Advocate Bhartesh goyal (advocate) 04 June 2022
No appeal lies before Session Judge against the order of acquittal of accused.such appeal against acquittal order lies before H.C u/sec 378(4)of Cr.P.C( Leave to appeal).
SHIRISH PAWAR, 7738990900 (Advocate) 04 June 2022
Hello,
Yes, you have to file an appeal in the acquittal of the accused judgment before High Court. Sessions court has no jurisdiction.
Dr J C Vashista (Advocate) 05 June 2022
The Code of Criminal Procedure (Amendment) Act 2005, introduced various changes in the legislation. However, despite the Supreme Court’s recognition of victim’s rights as well as the evolution of international jurisprudence regarding the rights of the victims of crimes, the legislature failed to introduce provisions permitting the victim to appeal against the acquittal of an accused.
The Amendment allowed appeals against acquittals in the Court of Session without any leave to appeal.
Section 377 of the CrPC was also amended to allow an appeal on the ground of inadequacy of sentence. All these amendments were intended to check the abuse of power and restrain frivolous acquittals.
Section 372 allows the victim to appeal against an acquittal order, a conviction for a lesser offence or inadequate compensation given by the court.
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