Satya Pal Singh v. State of M.P. & Ors.
Background
This order sends the case back; it does not decide the dispute. The father of a deceased woman challenged the acquittal of the accused in Sessions Case No. 293/2010, where the charges were under Sections 498A and 304B IPC, Section 4 of the Dowry Prohibition Act and, in the alternative, Section 302 IPC. The question was whether a victim can appeal against an acquittal without first obtaining leave under Section 378(3) CrPC.
Decision Breakdown
This is not a final decision on the dispute. The Court held that the proviso to Section 372 CrPC does not dispense with the leave requirement of Section 378(3) CrPC, so the victim's appeal needed leave, and it disagreed with a Delhi High Court Full Bench decision relied on by the appellant. It also found that the Madhya Pradesh High Court had dealt with the acquittal appeal in a cryptic and mechanical way. It set aside the High Court's judgment and sent the matter back, directing the High Court to hear the appellant on leave and then dispose of the appeal in accordance with law as expeditiously as possible.
Lesson Learnt
There is no final ruling yet on the acquittal itself. A victim who appeals against an acquittal must first obtain leave from the High Court.