passed in the said appeal and the
consequently dismissed the revision application filed by the
victim since the appeal against acquittal was dismissed ... appeal against
acquittal by a victim. If the legislature wanted that the
rights of the victim to file appeals in these three cases
should
Code
(ii) Appeal against conviction -- under Section 374 of Code
(iii) Appeal against acquittal -- under Section 378 of Code
(iv) Appeal against inadequacy of sentence ... acquittal is refused, no appeal from that order of
acquittal shall lie under sub-section (1) or under sub-
section (2)".
Appeal against Acquittal
appeal against the order
of acquittal by filing an application for special leave. The period of
limitation of maintaining the appeal against the acquittal will ... appeal against conviction for lesser offences or
inadequate compensation to the 'victim' apart from the right of appeal
against acquittal only
State has filed an appeal against the same order and for the
same purpose ?
(ii) Whether an appeal filed by the State should ... against the same order, is admitted by the Court ?
(iii) If the victim prefers an appeal before this Court,
challenging the acquittal, invoking his right
legislature with respect to appeals against acquittal in any case instituted on police report/case and appeals against acquittal in any case instituted upon complaint ... filing an appeal, therefore, when the victim or when the victim is also a complainant chose to file an appeal against acquittal in a case
before preferring an appeal against an order of acquittal etc (which is
mandatory in case of appeal against an order of acquittal ... special leave to
appeal to the High Court against the order of acquittal passed in a complaint-
case. The appeal against acquittal in such cases
only victim can file an appeal against an order of imposing
'inadequate
compensation'
in addition to his right of appeal against acquittal ... appeal against acquittal but the appeal is really directed against
"any other
sentence or order not being an order of acquittal"
within
appeal of a 'victim' preferred under
proviso to Section 372 lie when the State also prefers
appeal against that order of acquittal under ... State Government against an order of acquittal by
introducing the concept of 'leave to appeal' and that all appeals against
acquittal should come
State Government against an order of acquittal by introducing the concept of 'leave to appeal' and that all appeals against acquittal should come ... provides for appeals. The appeal against conviction is an unrestricted right given to the accused (Section 374), whereas the appeal against acquittal is a restricted
special leave to appeal from the order of acquittal. Thus, under the Code, the Division Bench proceeded, the appeal against acquittal could have been preferred ... arise that if the victim and complainant both are different persons and the victim prefers to file appeal against the acquittal order before the Sessions
