Rukhmini Ramchandra Jangale And ... vs Mohan Bhagwat Tarwade And Others
2023 Latest Caselaw 839 Bom

                                    {1}                CRI APPEAL 727 OF 2019


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                     908 CRIMINAL APPEAL NO.727 OF 2019
                 RUKHMINI RAMCHANDRA JANGALE AND ANR
                                  VERSUS
                  MOHAN BHAGWAT TARWADE AND OTHERS
                                      ...
                  Advocate for Appellants : Mr.Tarde Vivek V.
                  APP for Respondent No.19 : Mr.R.D.Sanap
                                      ...
                       CORAM : SMT. VIBHA KANKANWADI &
                                   ABHAY S. WAGHWASE, JJ.

DATE : 24th January, 2023

PER COURT :-

. Present appeal has been fled under Section 372 of the

Code of Criminal Procedure (Cr.P.C.) by appellants - original

victim Nos.10 and 13 and thereby there is challenge to Judgment

and order dated 21-06-2018 passed by Judicial Magistrate First

Class (JMFC), Rahuri, District Ahmednagar in R.C.C.No.113 of

2012.

2. We would like to reproduce the relevant proviso to Section

372 of the Cr.P.C. for ready reference which reads thus;

"Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser ofence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court."

{2} CRI APPEAL 727 OF 2019

3. Therefore, reading the above proviso, which gives right to

the victim to prefer an appeal against acquittal, appeal would lie

to the Court to which an appeal ordinarily lies under the order of

acquittal of such Court. Here is acquittal by learned JMFC, Rahuri

and the appeal against conviction of a order by JMFC would lie

before the Sessions Court and therefore, in such circumstance,

appeal will lie before the Sessions Judge, Ahmednagar. The

matter is thus transferred to the fle of learned Sessions Judge,

Ahmednagar for further procedure as per the provisions of law.

( ABHAY S. WAGHWASE ) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE

SPT