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Supreme Court of India 2018-10-12 allowed

Mallikarjun Kodagali (Dead) represented through Legal Representatives vs State of Karnataka & Ors

Bench: 3 — Madan B. Lokur, Deepak Gupta

In Brief

This case addresses the rights of crime victims to appeal against acquittals under amendments to the Criminal Procedure Code made in 2009. Mallikarjun Kodagali, attacked in 2009, was left without remedy when the accused was acquitted in 2013—after the right to appeal was created but before that date. The Court held that victims can appeal if the judgment is passed after 31 December 2009, regardless of when the crime occurred. However, the bench disagreed on whether victims must first obtain leave from the High Court. Justice Lokur said no; Justice Gupta said yes, requiring leave like complainants must. The appeals were allowed and remitted to the High Court for substantive hearing.

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Victims' Rights Criminal Procedure Right to Appeal Acquittal Substantive Rights Judicial Interpretation Statutory Construction

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