Can victim of offence file appeal against acquittal if police not filing appeal?

[Anonymous]

I am a rape victim. A case was filed against the rapist who is my neighbour. He was acquitted from the trial court. Now i don’t know whether the state would go and appeal against the acquittal in the trial court or not. They are not responding properly to me. The limitation period of 90 days has also expired. Please let me know if i can file an appeal before the High Court and under which section? Thank you sir, you are doing great service to the society.

[Dr. Ashok Dhamija]

By an amendment made to the Criminal Procedure Code, a Proviso was added to Section 372 thereof in the year 2009, which lays down as under:

“Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.”

In view of the above legal provision, as victim of the offence, you have right to file an appeal against the order of acquittal. So, you may file an appeal before the high court.

If there is delay beyond the limitation period, you may file an application for condonation of delay.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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