Right of victim to appeal - Section 372 CrPC does not prescribe any limitation
Bombay High Court Advocates for Victims’ Rights in Appeal Against Acquittal. Liberal Approach Urged for Delay Condonation Amidst COVID-19 Challenges
In a significant ruling, the Bombay High Court's Nagpur Bench, under the stewardship of Justice M. M. Nerlikar, has underscored the importance of a liberal approach in handling appeals against acquittals filed by victims. This judgment came in response to the petition filed by Sant Sawata Mali Nagri Sahakari Pat Sanstha Ltd., challenging the denial of condonation of delay for an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973.
The petitioner, a registered Co-operative Society, initially faced a setback when their complaint against the respondent for dishonouring a cheque was dismissed-in-default under Section 256 of the Code, leading to the accused's acquittal. The appeal was filed with a delay of 362 days, attributed to the extraordinary circumstances of the COVID-19 pandemic and resultant lockdowns, which had disrupted normal proceedings and tracking of legal matters.
Despite these challenges, the Additional Sessions Judge at Pusad had earlier dismissed the application for condonation of delay, citing the delay as inordinate and improperly explained. However, the High Court has now quashed this decision, reinstating the appeal to its original standing and directing the appellate court to hear it on merits.
Justice Nerlikar highlighted that the proviso to Section 372 of the Code does not impose any limitation period for victims to appeal against acquittals. This provision was specifically designed to empower victims, offering them a legal avenue independent of the state to express grievances. Given this intent, the absence of a statutory limitation period is deliberate, ensuring victims are not hindered by procedural time constraints in seeking justice.
The judgment further referenced previous rulings, emphasizing that courts should adopt a compassionate stance, especially in light of the pandemic's unparalleled impact on societal and legal functions. The court recognized the pandemic period as a unique instance affecting all facets of life, reinforcing the need for judicial sensitivity and flexibility in such matters.
The High Court’s decision marks a pivotal moment in affirming victim rights and advocating for judicial empathy in extraordinary circumstances, setting a precedent for future cases involving appeals against acquittals.
Bottom Line:
Proviso to Section 372 does not prescribe any limitation period for a victim to prefer an appeal against the judgment of acquittal. Courts should adopt a liberal approach towards condonation of delay, especially considering extraordinary circumstances like the Covid-19 pandemic.
Statutory provision(s): Code of Criminal Procedure, 1973 Section 372 Proviso, Limitation Act, 1963 Section 5, Code of Criminal Procedure, 1973 Section 256
