Experts!
In a case lodged by stae, for instance 498a, if the accused is convicted he can go for appeal. but if he is acquitted can the " VICTIM" (wife) go for appeal even if the state does not opt for appeal?
Abhi (law student) 25 April 2015
Experts!
In a case lodged by stae, for instance 498a, if the accused is convicted he can go for appeal. but if he is acquitted can the " VICTIM" (wife) go for appeal even if the state does not opt for appeal?
SAINATH DEVALLA (LEGAL CONSULTANT) 27 April 2015
If the accused is acquitted in a case instituted upon a complaint the complainant may also file appeal against the acquittal after seeking leave to file the appeal.
The complainant should seek the leave to file appeal within 60 days from the order of the acquittal. But in case the complainant is a public servant, the leave can be sought within 6 months from the order of the acquittal. The appeal has to be filed within 30 days after obtaining the said leave.
If the complainant's application seeking leave to appeal is refused by the High Court, no appeal can be filed even by the state.
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