In Re : An Appeal Under Section 372 ... vs In Re : Ranajit Ghosh
2023 Latest Caselaw 5748 Cal

30.08.2023
 tkm/ct 28                      C.R.A. 852 of 2013
sl no.43
             In Re : An appeal under section 372 of the Code of Criminal Procedure
                                       And
             In Re : Ranajit Ghosh                        ....... appellant

                   Ms. Sreeparna Das
                                                   ...... for the appellant


                1. Learned Assistant Sessions Judge, Bolpur, Birbhum in

                   Sessions case no. 142 of 2008 acquitted respondent no. 1

from the charge under section 376 IPC.

2. In appeal learned sessions judge affirmed the order of

acquittal.

3. Present appeal is a second appeal against the appellate order

affirming acquittal. Neither proviso to section 372 Cr.P.C nor

section 378 of the Cr.P.C envisages a second appeal affirming

order of acquittal by the trial court. It is another thing if the

appellate court had set aside an order of conviction and

acquitted the accused. Under such circumstances the State

or the victim may prefer an appeal to the High Court against

the acquittal. This is not the case here.

4. We have also gone through the lower court records and the

impugned judgment. We do not find any perversity or legal

infirmity to convert the appeal into a criminal revision.

5. Hence, the appeal is not maintainable and is dismissed.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)