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REPORTABLE
APPELLANT
VERSUS
RESPONDENTS
J U D G M E N T
V. GOPALA GOWDA, J.
Leave granted.
2.
against
the
impugned
judgment
and
order
dated
by
acquitting
all
the
accused
i.e.
Page1
The
appellant
herein
made
written
complaint
of
the
Dowry
alternatively
for
the
Prohibition
offence
Act,
1961
punishable
and
under
in
this
appeal
before
this
Court
Page2
4.
Being
order
aggrieved
the
of
appellant
the
being
impugned
the
legal
judgment
and
heir
the
of
to
Section
372
of
the
Code
of
Criminal
however,
has
mechanically
disposed
of
the
of
the
same
is
questioned
by
the
Mr.
Prashant
Shukla,
the
learned
counsel
on
State
&
Ors.1
wherein
the
Full
Bench,
after
2(wa)
of
the
Cr.P.C.,
has
held
that
the
being
private
party
coming
under
the
1
221 (2015) DLT 1
Page3
definition
of
victim
under
Section
2(wa)
of
the
of
Cr.P.C.
Thus,
the
appeal
filed
by
the
and
the
appeal
was
decided
on
merits
but
proviso
to
Section
372
of
Cr.P.C.
and
has
Page4
examined
them
in
the
light
of
their
legislative
of
1996
in
connection
with
the
said
legal
foster
children,
guardians,
fianc
or
(3)
of
Section
378
of
Cr.P.C.
and
Page5
8.
before
the
High
Court
was
filed
by
the
appellant
but
the
High
Court
has
concurred
with
the
the
evidence
on
record.
He
further
error
in
law
as
the
High
Court,
being
the
on
record
to
exercise
its
appellate
court
as
the
prosecution
has
failed
to
amounts
to
non-exercise
of
appellate
Page6
impugned
judgment
and
order
of
the
High
Court
is
There
is
no
doubt
that
the
appellant,
Cr.P.C.
to
question
the
correctness
of
the
Act
No.5
of
2009.
The
said
proviso
confers
Page7
accused
or
convicting
him/her
for
lesser
from
31.12.2009.
The
relevant
provision
of
said
Law
comprehensive
Commission
review
Report
of
has
Cr.P.C.
undertaken
and
its
Page8
the
provisions
procedure
Cr.P.C.
concerning
to
be
particularly
arrest,
followed
in
custody
in
summons
relation
and
and
to
remand,
warrant-
system
at
length
and
has
focused
on
the
victims
compensation
to
Therefore,
the
aforesaid
Report
victim
oriented
of
be
crimes
awarded
Parliament
of
in
the
and
in
on
Law
approach,
the
issues
favour
the
of
basis
Commission,
has
amended
of
them.
of
which
the
is
certain
Page9
10
statutory
right
upon
the
victim
to
prefer
an
or
against
the
order
imposing
inadequate
compensation.
11.
prefer
relatives
Section
an
of
372
appeal
the
is
conferred
victim
an
by
upon
virtue
independent
the
of
victim
or
proviso
to
statutory
right.
to
seek
under
the
leave
sub-Section
of
the
(3)
of
High
Court
Section
378
as
of
Page10
11
be
given
an
interpretation
limited
to
the
Page11
12
proviso
to
the
substantive
provision
of
the
Page12
13
not
for
enlarge
an
compelling
XXX
contain
XXX
32.
In
Ishverlal
Thakorelal
Almaula
v.
Motibhai Nagjibhai it was held that the main
object of a proviso is merely to qualify the
main
enactment.
In
Madras
and
Southern
Mahrata
Railway
Co.
Ltd.
v.
Bezwada
Municipality Lord Macmillan observed thus:
The proper function of a proviso
is to except and deal with a case
which would otherwise fall within
the general language of the main
enactment, and its effect is
Page13
14
XXX
XXX
15
sub-Section
(3)
to
Section
378
of
Cr.P.C.
will
be
rendered
nugatory,
as
it
clearly
of
Criminal
Court
except
as
provided
by
Cr.P.C.
13. Thus, to conclude on the legal issue:
whether the appellant herein, being the father
of the deceased, has statutory right to prefer an
appeal
to
the
High
Court
against
the
order
of
obtaining
required
under
the
leave
sub-Section
of
(3)
the
to
High
Court
Section
378
as
of
acquittal
Court
is
by
preferring
conferred
upon
an
the
appeal
victim
to
the
including
High
the
Page15
16
after
obtaining
the
leave
sub-Section
of
the
(3)
to
High
Court
Section
378
as
required
under
of
Cr.P.C.
on
failure
on
behalf
the
of
part
the
of
appellant
the
High
regarding
the
Court
re-
to
perusal
of
the
evidence
on
record
it
found
no
levelled
against
the
accused
beyond
exercise
its
appellate
jurisdiction
keeping
in
Page16
17
view
the
serious
nature
of
the
charges
levelled
Page17
18
[T.S. THAKUR]
J.
[V. GOPALA GOWDA]
New Delhi,
October 6, 2015
Page18