Ramesh Singh vs. State of H.P. and others Cr. Appeal No. 443 of 2015 28.02.2025 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Tarun Bragta, Advocate, for the appellant. Ms. Niyati Thakur, Deputy Advocate General, for the respondent-State. None for respondents No.2 and 3. Present appeal has been filed under Section 378 of Cr.P.C. against the judgment dated 15.12.2014, passed by learned Judicial Magistrate First Class, Indora, District Kangra, H.P., in criminal case No.17/II/09, vide which learned Trial Court acquitted the respondents (accused before learned Trial Court) of the commission of the charged offences. 2. Heard. 3. Even though the appeal has been filed under Section 378 of Cr.P.C., the same would be maintainable under Section 372 of Cr.P.C. because proviso to Section 372 of Cr.P.C. confers a right upon the victim to prefer an appeal against any order passed by the Court by acquitting the accused or convicting him for the commission of lesser offence or imposing inadequate compensation upon the accused. Section 378(1)(a) provides that District Magistrate may direct the Public Prosecutor to present an appeal and Section 378(1) (b) provides that the State Government may direct the Public Prosecutor to present an appeal. It does not speak about the appeal preferred by the victim in case of acquittal. Hence, the appeal even though filed under Section 378 of Cr.P.C. has to be treated as the one under Section 372 proviso. 4. The proviso to Section 372 of Cr.P.C. further reads that an appeal lies in the Court to which an appeal ordinarily lies against the order of the conviction of such Court. Since the appeal against the order of conviction passed by learned Magistrate lies before learned Sessions Judge under Section 374 (3) of Cr.P.C., therefore, present appeal against the acquittal recorded by learned Magistrate would also lie before the learned Sessions Judge in view of Section 372 proviso read with Section 374 (3) of Cr.P.C. 5. Consequently, the present appeal is ordered to be returned to the appellant for presentation before the appropriate Court, as may be desired. (Rakesh Kainthla) Judge February 28th 2025 (Chander)