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The accused-respondents were put to trial in Sessions trial No.80 of 2014 titled State Vs. Brindavan & Ors. arising out of criminal case No.53 of 2014 under Sections 452, 302/34 of the Indian Penal Code. The accused were acquitted by the trial Court in terms of the Judgment. The State aggrieved by the said order sought leave to appeal. In terms of Section 372 read with Section 378 of the Code of Criminal Procedure, 1973 such leave was declined. The appeal filed by the victim, however, came up before the Court. Victim includes him/her legal guardians and legal heirs,which in the instant case is the deceased’s brother.
The victims argued that their appeal should not be rejected on the ground that the State was not granted the leave to appeal.
The court held that the victims have the right to file appeal in case of an acquittal and in fact, no leave is required to file such an appeal. The Supreme Court bench consisting of Justice Sanjay Kishan Kaul and Justice KM Joseph set aside the order of the HC which dismissed the victim’s appeal on the ground that leave had not been granted to the government to file appeal.
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