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Single Judge Bench of Bombay HC refers the matter to a larger bench regarding maintainability of an Appeal filed by the victim against the judgment of acquittal by the Appellate

Title: Asha Shivaji More v. State of Maharashtra and others

Decided on: 11TH AUGUST, 2023

+ CRIMINAL APPEAL NO. 63 OF 2022

CORAM: S. M. MODAK, J.

Facts of the Case:

The Respondents were accused of offences under Sections 379, 323, 427 read with Section 34 of the Indian Penal Code, 1860. The Respondents were acquitted by the Court of JMFC – Nashik. The State preferred an Appeal before the Court of Additional Sessions Judge – Nashik. It was dismissed on 30th June, 2015. On this background, the First-Informant preferred an Appeal to High Court against the said judgment.

Issues

Whether an Appeal filed by the victim against the judgment of acquittal by the Appellate Court is maintainable particularly when accused cannot file an Appeal when he is convicted by the Appellate Court either by confirmation / reversal, (but, he can file Revision)?

Decision

 The learned Judge requested the Registrar (Judicial-I) to refer the matter to the Hon’ble Chief Justice for constitution of a Larger Bench for deciding above issue. Considering this, the decision in the Appeal is kept pending and they be decided after the decision will be given by a Larger Bench.

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Written by- Aparna Gupta, University Law College & Dept. of Studies in Law

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