State Not 'Victim' In Criminal Trials, Cannot Invoke S.372 CrPC To Challenge Acquittal; May Proceed U/S 378 CrPC: Karnataka High Court

The Karnataka High Court has held that the State Government cannot be construed as a 'victim' under Section 372 CrPC and an appeal filed by it against an acquittal order is not maintainable under the said provision.

A single judge bench of Justice S Rachaiah pointed that the legislature has provided a separate provision for the State, Section 378 CPC, to prefer appeal against acquittal. It observed,

"When there is separate provision stipulated to file an appeal against the acquittal to the State...the State cannot exercise the jurisdiction which is meant for victim under Section 372 of Cr.P.C. There is a distinction between the two provisions, the victim has to file an appeal under Section 372 of Cr.P.C., against the order of acquittal. Whereas the State has to file an appeal under Section 378(1) and (3) of Cr.P.C. When there is a distinct provision distinctly conferring certain rights to the victim and the State independently, it is necessary to exercise their respective jurisdiction independently.”

The bench thus dismissed a revision petition filed by the government challenging a Sessions Court order which upheld acquittal in a cruelty and criminal intimidation case by the trial court.

Amicus Curiae Javeed S appointed by the court for the accused had submitted the State cannot be construed as "aggrieved party" and thus its appeal before the Sessions Court under Section 372 of the Code ought to have been dismissed.

Agreeing, the Karnataka High Court held, “In the present case, the State has preferred appeal by invoking the provision under Section 372 of Cr.P.C., which is not permitted under law. Therefore, the appeal filed by the State under Section 372 of Cr.P.C., ought not to have been entertained by the Appellate Court. However, the Appellate Court considered and disposed of on merit, which amounts to, order without jurisdiction and the same is considered as non-est in law.”

Accordingly, it dismissed the petition and set aside the order passed by the Sessions court being non-est in law. It granted liberty to the State to file Criminal Appeal against trial court order by invoking the provision under Section 378(1) and (3) of CrPC.

Appearance: HCGP Rahul Rai K for Petitioner.

Advocate Javeed S, Amicus Curiae for the respondent.

Citation: 2023 LiveLaw (Kar) 373

Case Title: State of Karnataka AND Malleshnaika

Case No: Criminal Revision Petition No 816 of 2019.

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