1 (crim appln 821 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 821 OF 2010 IN CRIMINAL APPEAL NO. 506 OF 2010 Keshav Jadhav ...Applicant Vs. The State of Maharashtra & Ors. ...Respondents ------ Mr.P.B.Gujar for Applicant Mrs. P.P. Bhosale- APP for the State ------ CORAM: V.M. KANADE J. DATED: 16TH APRIL, 2010 P.C. 1. This appeal has been filed by the Original Complainant, who had filed the complaint against the Respondent Nos.2 to 6 for the offences punishable under section 498A, 306, 304-B r/w. 34 of the Indian Penal code. 2. The Respondents have been acquitted by the Ad-hoc Additional Sessions Judge, Solapur by his judgment and 2 (crim appln 821 of 2010) order dated 15th March, 2010. 3. The learned Counsel for the Applicant is relying on a amended provisions of section 372. The proviso which reads as under:- 372.No appeal to lie unless otherwise provided- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Amendment Act, 2008- Clause 29 amends section 327 of the Code relating to appeals from judgment or order of a Criminal Court. It gives to the victim the right to prefer an appeal against any adverse order passed by the trial Court.(Notes on Clauses). 4. It is submitted that the word  victim also has been inserted by the said Amendment Act 5 of 2009 dated 7.1.2009, (wa) which reads as under: 3 (crim appln 821 of 2010) (wa) victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heirs. 5. The Learned Counsel for the Applicant, therefore submitted that in view of the amended provisions, the Complainant being the father of deceased is entitled to file an appeal against acquittal. 6. There is much substance in the submission made by the learned Counsel for the Applicant. The said amended under section 372 was inserted by Act 5 of 2009 which was brought into effect from 13.12.2009. Hence, appeal filed by the Original Complainant is maintainable. 7. Delay of 31 days caused in filing appeal against the acquittal is condoned for the reasons stated in paragraph 6 of the application. 4 (crim appln 821 of 2010) 8. Issue notice to the Respondent Nos.2 to 6, returnable after four weeks. (V.M. KANADE J.)