Legal Question in Criminal Law in India

Appeal against Acquittal
I & my family have been acquitted by the Judicial Magistrate (F.C) for the Cr. Case registered under I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act, registered by City police on the basis of complaint given by my wife. My wife has threatened me that she will appeal against the said order in High Court. Is she entitled to file an appeal or the state Govt has to file an appeal if they feel so?(Since they had prosecuted the case) . Moreover can High Court entertain such direct appeals by-passing Court of Session/District Court ( the 1st Appellate court) ? Please advice. Also what is the time limit by which she can file the appeal? Can the delay be allowed?

Asked on 6/26/06, 3:59 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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Re: Appeal against Acquittal

It is the prosecution who may file appeal, in this case, before the court of sessions and not directly to High Court. In revision, one has choice of forum between high court and session court but not in appeal. Wife may ask the prosecution to file appeal, but can not directly file the appeal.

Answered on 6/26/06, 4:04 am

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