VidhiSangh

Supreme Court of India · 12/10/2018

MALLIKARJUN KODAGALI (DEAD) REPRESENTED THROUGH LEGAL REPRESENTATIVES versus THE STATE OF KARNATAKA & ORS.

[2018] 13 S.C.R. 1 · 2018 INSC 969

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Summary

The Supreme Court held the victim’s appeal maintainable where the alleged offence preceded 31 December 2009 but acquittal followed that date. The relevant event was the judgment giving rise to the appeal. The majority held that leave was unnecessary for the victim’s appeal under the proviso to section 372 CrPC. Deepak Gupta J. agreed on temporal applicability but dissented on leave, requiring it for a High Court acquittal appeal. The matters were remitted for decision on merits.

Issues

  1. Whether the victim’s statutory appeal covered an acquittal after commencement of the amendment for an earlier offence.
  2. Whether leave was required for the victim’s appeal to the High Court.

Provisions considered

Held

Result

Appeals allowed; High Court orders set aside and victim’s appeal against acquittal remitted for decision on merits. Majority held leave unnecessary; Deepak Gupta J. dissented on that requirement while agreeing on temporal applicability.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1.