CRLA/355/2023
2023 Latest Caselaw 2742 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SPLA No. 133 of 2023
                                  with
                                  CRLA No. 355 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Ganesh Kandpal, Advocate for the appellant.

2. This is an appeal against acquittal recorded by learned Additional Sessions Judge/FTSC, Haridwar in Sessions Trial No. 228 of 2017. By the impugned judgment, respondent was acquitted of the charge punishable under Section 376 IPC.

3. An application seeking leave to appeal has been filed by husband of the victim. As per office report, there is delay of 378 days in filing such application.

4. It is contended on behalf of the appellant that since victim is deaf and dumb, therefore, this appeal is filed by her husband.

5. Proviso to Section 372 CrPC confers an independent right of appeal to the victim and the expression "victim" is defined under Section 2(wa) of CrPC, which is reproduced below:-

"2(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir."

6. Thus, this appeal against acquittal filed by husband of the victim would not be maintainable that too after delay of 378 days, when the victim can file appeal under proviso to Section 372 CrPC.

7. In view of provision contained in Section 378(5) CrPC, delay in filing the application seeking leave to appeal cannot be condoned.

8. In such view of the matter, delay condonation application as well as application seeking leave to appeal are rejected.

9. Consequently, the Appeal also stands dismissed. However, it shall be open to victim to file appeal under relevant provision of CrPC.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 19.09.2023 Navin