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Supreme Court of India

Mallikarjun Kodagali (dead) Represented through Legal Representatives v. The State of Karnataka & Ors.

Neutral citation
Reported as [2018] 13 S.C.R. 1
Bench Madan B. Lokur, Deepak Gupta and S. Abdul Nazeer JJ.
Decided 12 October 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the decision rendered in National Commission for Women 22 1957 SCR 488 35 has been misunderstood and misinterpreted and is clearly distinguishable on facts.

Judgment, page 34

From the headnote

Code of Criminal Procedure, 1973: s. 372 proviso (introduced w.e.f. 31.12.2009) – Right of appeal against acquittal to the victim of an offence – Req uirement of seeking leave of the High Court – On facts, alleged offence took place in February 2009 – Order of acquittal passed by the trial court in October 2013 – Appeal filed under proviso to s. 372 by t he victim – Dismissed by the High Court as not maintainabl e holding that the proviso to s. 372 introduced w.e.f. 31.12. 2009 but the incident had occurred well before that date – On appeal, hel d: (Per Lokur J) ‘Victim’ as defined in the

Authorities it was built on

Where later benches applied it

Of those, 5 relied on · 3 referred to

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