Victim can file appeal against acquittal irrespective of whether acquittal was by Trial Court or First Appellate Court

Meghalaya High Court Upholds Victim's Right to Appeal Against Acquittal, In a landmark decision, the Court affirms the victim's distinct right to appeal independent of the State under Bharatiya Nagarik Suraksha Sanhita, 2023.

In a significant judgment, the Meghalaya High Court has asserted the victim's right to appeal against acquittal, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The case, titled "Meghalaya Cooperative Apex Bank Ltd v. State of Meghalaya," involved an appeal filed by the appellant in the capacity of a victim, challenging the acquittal of respondents in a financial misappropriation case.

The appeal arose from a 2007 incident where a substantial amount of Rs. 22,19,000 was reported missing from the bank's records. The Chief Judicial Magistrate, Williamnagar, acquitted the accused in 2023, a decision that was later upheld by the Sessions Judge in 2024. The State did not pursue further appeals, prompting the victim to approach the High Court.

The primary legal contention revolved around the interpretation of Sections 413 and 419 of the BNSS. The respondents argued that the victim lacked the right to appeal directly to the High Court, as the appeal should lie with the Sessions Court, and the High Court appeal was akin to a second appeal, which is not permissible under BNSS. However, the court clarified that the proviso to Section 413 BNSS grants a distinct and independent right to the victim to appeal against any acquittal, irrespective of prior State appeals, and this right is not curtailed by the provisions of Section 419 BNSS.

The judgment emphasized that the victim's appeal is a standalone right, not governed by the "second appeal" logic applicable to State appeals. The court, referencing judgments such as "Asian Paints Limited v. Ram Babu," underscored that the victim's right to appeal is unaffected by whether the acquittal was from the trial or appellate court, and should be seen independently of State actions.

Rejecting the objections raised by the respondents, the High Court admitted the appeal, marking a robust recognition of victim rights within the Indian legal framework. This decision is expected to set a precedent for similar cases, reinforcing the victim's role and rights in the justice process.

Bottom Line:

Victim's right to appeal against acquittal under proviso to Section 413 BNSS - Victim can file appeal against acquittal irrespective of whether acquittal was by Trial Court or First Appellate Court - Proviso to Section 413 BNSS creates a distinct right for victim and is not governed by Section 419 BNSS's "second appeal" logic.

Statutory Provisions: Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 413, 419

Meghalaya Cooperative Apex Bank Ltd v. State of Meghalaya, (Meghalaya)(DB) : Law Finder Doc id # 2819635