Court Denies Multiple Appeals in Acquittal Cases, Upholding Statutory Limitations on Victim's Right to Appeal
In a significant ruling, the Kerala High Court, presided over by Justice Bechu Kurian Thomas, has clarified the appellate rights of victims under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The court dismissed a petition seeking permission for a second appeal by a victim against an acquittal, emphasizing the statutory limitation to a single appellate remedy.
The case involved Gopala Krishnan, who had previously challenged an acquittal in the Sessions Court, Kalpetta, only to have his appeal dismissed. Seeking further recourse, Krishnan attempted to file another appeal in the High Court under Section 419(4) of the BNSS. However, the court underscored that once an appeal is filed and resolved, the right to further appeals on the same matter is exhausted.
Justice Thomas, while delivering the judgment, stated that the right of appeal is a statutory creation, not an inherent right, and is strictly limited to a single appellate stage. The court highlighted that Section 413 of the BNSS allows victims to appeal an acquittal, but does not permit multiple appeals against orders affirming earlier acquittals.
The judgment drew on precedents, including the Supreme Court's decisions in Asian Paints Limited v. Ram Babu and Mallikarjun Kodagali v. State of Karnataka, affirming that the appellate framework under the BNSS contemplates only one right of appeal for a victim. The court noted that this limitation is crucial to maintaining judicial efficiency and consistency in legal proceedings.
The ruling is expected to have wide-reaching implications on how victims approach appeals in criminal cases, ensuring that the appellate process remains streamlined and within the legislative intent of the BNSS.
Bottom Line:
Victim's right to appeal under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is limited to a single appellate remedy and does not extend to filing a second appeal against an order affirming an earlier acquittal.
Statutory provision(s): Sections 413, 419(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Gopala Krishnan v. State of Kerala, (Kerala) : Law Finder Doc Id # 2836048
