appeal against acquittal

Querist : Anonymous (Querist) 29 September 2010 This query is : Resolved
in a state case registered by police u/s 406/420 ipc a victim can file appeal against acquittal? and what is the limitation for filing said appeal.

also state in which court the appeal will lie.

thanks in advance

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Ajay Bansal (Expert) 29 September 2010
APPEAL AGAINST ACUITTAL CAN ONLY BE FILED BY STATE AND NOT BY COMPAINANT/VICTIM.THE SAID APPEAL MAY BE FILED IN SESSIONS COURT BY P.P. OF STATE WITHIN ONE MONTH.VICTIM SHOULD WRITE TO D.M. FOR GIVING DIRECTION TO P.P. FOR FILING OF APPEAL.IF ON WRITTING TO D.M.,THE APPEAL IS NOT FILED,THEN VICTIM COULD FILE A REVISION IN SESSION COURT WITHIN A PERIOD OF THREE MONTHS.

Devajyoti Barman (Expert) 29 September 2010
I differ , the de facto complainant can challenge the order of acquittal by Revision u/s 401 of CRPC in the High Court. I myself conducting a number of such Revisions.

Arvind Singh Chauhan (Expert) 30 September 2010
According to Sec 29 of Cr.P.C amendment act 2008, which came in to force from 31-12-2009-

Victim has full right to file such appeal without any permission of state.

Basavaraj (Expert) 30 September 2010
yes I agree with Arvind appeal can file without any permission to state

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