Manisha through Her Mother Kamla Devi Vs Daulat Ram and Anr. — Himachal Pradesh HC (2024) — LawSathi Research

Manisha through Her Mother Kamla Devi Vs Daulat Ram and Anr. — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Leave application (Cr.MP(M) No. 2468 of 2024) dismissed as misconceived; appeal permitted to be corrected and treated as filed under Section 413 of BNSS, 2023, and directed to be registered (Cr. AST No. 10550 of 2024); notice to respondents, trial-court records requisitioned, and matter listed for consideration on 19.12.2024. Merits of the acquittal not addressed in this order.

Issue for consideration

Whether the victim, before filing an appeal against the judgment of acquittal, was required to seek leave to institute such an appeal (application Cr.MP(M) No. 2468 of 2024). +1 more

Court's answer

For an appeal against acquittal filed by the victim, there is no need to seek leave to file the appeal under Section 419(4) of BNSS (corresponding to old Section 378(4) of the Code of Criminal Procedure); accordingly, the victim's leave application is dismissed as misconceived.

Ratio / Principle

Since the provision for appeal by the victim is contained in Section 413 of BNSS and not Section 419 thereof, learned counsel for the appellant was permitted to correct the memo of appeal, and the appeal was treated as filed under Section 413 of BNSS, 2023.

Detailed headnote1 paragraphs

Procedural bench order dated 08.11.2024: (i) The victim's application (Cr.MP(M) No. 2468 of 2024) seeking leave to appeal against the acquittal of respondent No.1 (Daulat Ram) in Sessions Trial No. 17-ST/7 of 2023 (learned Additional Sessions Judge, Fast Track Special Court, POCSO, Sirmaur at Nahan) was dismissed as misconceived, the Court observing that under the settled law a victim need not seek leave to file an appeal against acquittal under Section 419(4) of the Bhartiya Nagarik Suraksha Sanhita (old Section 378(4) of the Code of Criminal Procedure). (ii) The appeal, though stated to have been filed under Section 419 of BNSS, was permitted to be corrected in the memo and was treated as filed under Section 413 of BNSS, 2023, which provides for appeal by the victim; it was directed to be registered as Cr. AST No. 10550 of 2024. Notice was issued to respondent No.1, waived by the Additional Advocate General for respondent No.2, trial-court records were ordered to be requisitioned, and the matter was listed for consideration on 19.12.2024. The merits of the acquittal were not dealt with.

Manish through her mother Kamla Devi vs. Daulat Ram and anr.

Cr.MP(M) No. 2468 of 2024

08.11.2024 Present: Mr. Prashant Chauhan, Advocate vice Mr. Suresh Singh Saini, Advocate, for the appellant.

Mr. Varun Chauhan, Additional Advocate General, for the respondent-State.

Cr.MP(M) No. 2468 of 2024

This application has been preferred on behalf of the victim seeking leave to appeal against the judgment of acquittal passed by the Trial Court in a criminal case.

In view of the settled law for filing an appeal against acquittal by the victim, there is no need to seek leave to file an appeal under Section 419(4) of Bhartiya Nagarik Suraksha Sanhita (BNSS) (old Section 378(4) of Code of Criminal Procedure), therefore, this application is dismissed being misconceived.

Cr. Appeal No. __ of 2024 (Cr. AST No. 10550 of 2024)

Be registered.

This appeal has been preferred on behalf of the victim against acquittal of respondent No.1 in Sessions Trial No. 17-ST/7 of 2023 by learned Additional Sessions Judge, Fast Track Special Court, POCSO, Sirmaur at Nahan.

This appeal stated to have been filed under Section 419 of BNSS, whereas the provision of the appeal by the victim has been provided in Section 413 of BNSS. Therefore, as prayed by learned counsel for the appellant, under instructions of original counsel is permitted to carry out necessary corrections in the memo of the appeal under his signatures in the Court itself during the course of the day and this appeal is treated, as such, under Section 413 of BNSS, 2023.

Notice. Mr. Varun Chandel, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent No.2 and seeks time to file instructions and have record. Be obtained by the next date.

Notice to respondent No.1 returnable on next date be issued on taking steps within two days.

Records of Trial Court be requisitioned for next date.

List for consideration on 19.12.2024.

(Vivek Singh Thakur) Judge

(Rakesh Kainthla) Judge

8^th November, 2024

( saurav pathania )