Bhavuben Dineshbhai Makwana v. State of Gujarat

Issues

• Is the victim’s appeal under Section 372 CrPC maintainable when the State has also appealed the same order?
• Can the Court refuse the State’s appeal because the victim’s appeal is already admitted?
• Must a victim seek leave before appealing an acquittal under the proviso to Section 372?

Rules

• Victim’s appeal is substantive and independent under Section 372 CrPC.
• Victim and State rights operate in different spheres; one does not oust the other.
• Both appeals (Victim & State) against the same order for the same relief are maintainable.
• Leave under Section 378(4) applies when the victim is also the complainant appealing an acquittal.
• If the victim is not the complainant, no leave is required to appeal under Section 372.
• For inadequate sentence/compensation, no leave is needed at the instance of the victim.

Arguments

Judgment

The High Court held that the victim can file an independent appeal against an acquittal even if the State has also appealed. The State’s appeal is not barred by the victim’s appeal and vice versa. If the victim is also the complainant, leave under Section 378(4) is needed to appeal an acquittal; otherwise, no leave is required. For challenges to inadequate sentence or compensation, leave is not needed at the instance of the victim.

Ratio Decidendi

Section 372 CrPC grants a substantive, stand-alone right to victims. This right coexists with the State’s right and is not dependent on it. Leave rules depend on whether the victim is also the complainant and on the relief sought.

Why It Matters

• Centers the victim’s voice in criminal appeals.
• Prevents procedural dead-ends when the State appeals.
• Clarifies leave requirements to avoid dismissals on technicalities.

Key Takeaways

1. Victim’s appeal under Section 372 is independent and maintainable.
2. State and victim appeals can proceed together on the same order.
3. Leave under Section 378(4) is needed only when the victim is also the complainant appealing acquittal.
4. No leave is needed for victim’s appeal on inadequate sentence/compensation.

Mnemonic + 3-Step Hook

Mnemonic: “V.I.P. — Victim Is Parallel”

• Victim has an independent right (S.372).
• Is leave needed? Only if victim = complainant for acquittal appeals.
• Parallel with State appeal—both can run together.

IRAC Outline

Issue: Can a victim file and pursue an appeal under Section 372 when the State also appeals? Is leave required?

Rule: Section 372 gives a substantive, independent right; Section 378(4) leave applies if victim is the complainant for acquittal appeals.

Application: Both appeals may proceed; leave depends on complainant status and the relief sought.

Conclusion: Victim’s appeal is maintainable; concurrent with State’s; leave required only in specific complainant scenarios.

Glossary

Section 372 CrPC

Gives the victim a right to appeal against certain orders.

Section 378(4) CrPC

Leave needed for a complainant to appeal against acquittal.

Maintainability

Whether a court can hear a case/appeal on law and procedure.

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