Supreme Court of India · 2017-04-11
Roopendra Singh vs State Of Tripura & Anr
- Citation / case number
- AIR 2017 SC 1801
- Court
- Supreme Court of India
- Petitioner
- Roopendra Singh
- Respondent
- State Of Tripura & Anr
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, Adarsh Kumar Goel
Judgment text excerpt
The Supreme Court held that the victim has an unfettered right to appeal against an acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, without needing leave as required under Section 378(4). The Court clarified that this right is comprehensive and not subject to the restrictions of Section 378. However, it also noted that the right to appeal is conferred only after obtaining leave as per Section 378(3) for certain categories, thus establishing a nuanced interpretation of the interplay between Sections 372 and 378 of the Cr.P.C.