In a landmark decision, the Jaipur Bench acknowledges legislative gaps and calls for amendments to uphold victims' rights under Article 14 of the Constitution.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, addressed a critical gap in the Criminal Procedure Code, 1973. The Court quashed the abatement of an appeal filed by the deceased victim Smt. Shimla Sharma, thereby empowering her legal heirs to continue the legal battle against the acquittal of the accused.
The case revolved around a property dispute involving Smt. Shimla Sharma, who had accused the respondents of fraudulently acquiring her family's land through false documentation. Following her death during the pendency of her appeal against the accused's acquittal, the lower court had dismissed the case as abated, ignoring her legal heirs' right to continue the appeal.
The High Court, in its judgment dated April 9, 2026, highlighted that the definition of "victim" under Section 2(wa) of the CrPC includes legal heirs, thereby entitling them to pursue the appeal filed by the deceased. The Court criticized the existing legislative framework under Section 394 of the CrPC, which allows the legal heirs of a deceased accused to continue appeals, but not those of a deceased victim. This discrepancy, the Court noted, violates the constitutional guarantee of equal protection under Article 14.
Justice Dhand directed the restoration of the appeal and allowed the legal heirs of Smt. Shimla Sharma to file an application seeking leave to continue the appeal. The Court urged the legislature to amend Section 394 Cr.P.C. to extend similar rights to victims' legal heirs, ensuring parity with those of the accused.
This ruling underscores the need for legislative reforms to protect the rights of victims and their families, aligning with global standards of justice for victims of crime. The judgment has been forwarded to the Law Commission of India for consideration and recommendation for necessary amendments.
Bottom line:-
Legal heirs of a deceased victim are entitled to continue an appeal against the acquittal of an accused under the expansive definition of "victim" under Section 2(wa) Cr.P.C., read with the proviso to Section 372 Cr.P.C. However, the current legislative framework under Section 394 Cr.P.C. lacks provisions permitting legal heirs of a deceased victim to continue such appeals, leading to discrimination under Article 14 of the Constitution.
Statutory provision(s): Section 2(wa) Cr.P.C., Section 372 Cr.P.C., Section 394 Cr.P.C., Article 14 of the Constitution of India
Smt. Shimla Sharma v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2923686
