Cr.P.C. Appeal by victim under Section 372 will not abate if victim dies during the appeal proceedings. Karnataka High Court.

K.A.Shivappa Gowda vs B.L.Jayesha and others. Criminal Appeal 45/2015 decided on 30 November 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354477/1/CRLA45-15-30-11-2020.pdf

Relevant paragraphs: 17. It is not in dispute that the present appeal came to be filed by the appellant under the  proviso to Section  372 of the Cr.P.C. The proviso to Section 372 of the Cr.P.C. came into force with effect from 31-12-2009, thereby the victim shall have a right to file 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. Earlier to amendment,  there  was  no  provision  for  the  appellant  to  file  an  appeal.  The  definition  of  ‘victim’, as defined under Section 2(wa) of the Cr.P.C. came to be amended with effect  from  31-12-2009,  means  “a  person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir.”

19. ……A  reading  of  Section  394  of  the  Cr.P.C. depicts that once  an appeal against acquittal  is entertained by  this Court, this Court is bound to consider and dispose of the same in accordance with law and the same will not abate on account of the death of the appellant-complainant.

20. As on the date, the appellant was not available, the proceedings before this Court cannot be abated as the appeal against acquittal is already entertained; it becomes the duty of this Court to decide the same irrespective of the fact that the appellant either does not choose to prosecute it or unable to prosecute it for one reason or the other. The sole appellant died subsequent to the decision on merits will not abate the appeal. Once an appeal is entertained, it is the Court and the accused and even assuming that the sole appellant died, his legal heirs can prosecute the appeal.

Compiled by S. Basavaraj, Advocate, Bangalore.