Appeal challenging discharge of accused under Section 376 IPC deemed not maintainable; Revision under Section 397 Cr.P.C. is the appropriate remedy.
In a significant judgment delivered by the Delhi High Court, an appeal filed by a prosecutrix challenging the discharge of an accused under Section 376 of the Indian Penal Code (IPC) was dismissed as not maintainable. The appeal, filed under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 372 of the Code of Criminal Procedure (Cr.P.C.), sought to overturn an order dated August 2, 2024, which discharged the accused of the alleged offense.
The prosecution's case was built around allegations that the appellant had entrusted gold articles to the accused, who later coerced her into non-consensual physical relations. Despite the gravity of the charges, the trial court found no prima facie case or strong suspicion to warrant the framing of charges against the accused, leading to his discharge.
Justice Chandrasekharan Sudha, presiding over the matter, reiterated that the discharge order does not qualify as an interlocutory order under Section 397(2) of the Cr.P.C. Consequently, the appropriate legal remedy for the appellant is to pursue a revision under Section 397(1) Cr.P.C., rather than an appeal.
The court's decision aligns with precedents set in cases such as Bani Singh v. State of U.P. and Haryana LRB Corporation Limited v. State of Haryana, emphasizing the procedural correctness required in criminal appeals and revisions. The dismissal of the appeal underscores the importance of adhering to procedural norms in the pursuit of justice.
The court also noted the appellant's irregular attendance in court proceedings, which contributed to the decision to proceed on merits in her absence. The judgment concludes with the closure of any pending applications related to the case.
Bottom Line:
Appeal filed under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 372 of Cr.P.C., challenging the discharge order of accused under Section 376 IPC, held to be not maintainable. Remedy available to the appellant is to file a revision under Section 397(1) Cr.P.C.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 413, Code of Criminal Procedure, 1973 Sections 372 and 397, Indian Penal Code, 1860 Section 376
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