"Kerala High Court Sets Precedent: Victim's Right to Appeal Upheld in Landmark Judgment"

Kerala High Court, through the Honorable Justice C.S. Dias, has reaffirmed the rights of victims to appeal in criminal cases, setting a significant precedent in the Indian legal landscape. The judgment, delivered on the 6th of October, 2023, has far-reaching implications for victims seeking justice.

The case, Crl.R.P. No.1703 of 2013, involved a victim, Jyothi, who had filed an appeal under the proviso to Section 372 of the Code of Criminal Procedure (CrPC). The appeal was against an order of acquittal related to a case of assault by her husband. However, the appeal faced dismissal for default due to a lack of representation.

Justice C.S. Dias, in his comprehensive ruling, emphasized the importance of the victim's right to appeal against an order of acquittal and the need to ensure that this right is protected. He cited the case of Sobhanakumari K. v. Santhosh @ Pallan Shaji, which clarified that there is no specific time period stipulated for such appeals and that any delay should be explained through an affidavit.

Moreover, Justice Dias highlighted that the law, as laid down in Sobhanakumari.K, obliges the Appellate Court to hear the accused or appoint an Amicus Curiae if the accused is not represented. He cited cases such as K.Muruganandam & Ors v. Deputy Superintendent of Police and Anr and Dhananjay Rai @ Guddu Rai v. State of Bihar, which underscored that appeals should be decided on their merits rather than dismissed for default or non-prosecution.

In his concluding remarks, Justice Dias remarked, "The impugned orders are erroneous, improper, and irregular. Thus, I am inclined to allow the revision petition." The court set aside the orders in Crl.M.P No.2047/2013 and Crl.A No.254/2013, effectively restoring the case to the court's docket.

This judgment is poised to have a significant impact on ensuring victims' access to justice and protecting their right to appeal, even if there are delays in filing appeals. It underscores the judiciary's commitment to upholding the rights of victims and ensuring that their grievances are heard and considered in a fair and just manner.

Case Title: Jyothi v. State of Kerala

Date of Judgment: October 6, 2023