Criminal Appeal – Maintainability of Appeal by Victim under Section 372 CrPC – Definition of ‘Victim’ under Section 2(wa) CrPC – Intellectual Property Rights Infringement – Counterfeit Products – Acquittal by First Appellate Court.
Held: The Supreme Court allowed the appeal by Asian Paints Limited, holding that the company qualifies as a ‘victim’ under Section 2(wa) of the CrPC, as it suffered financial and reputational loss due to the sale of counterfeit paint products bearing its trademarks. The Court clarified that the proviso to Section 372 CrPC is a standalone provision, granting victims an independent right to appeal against an acquittal, without being restricted by Section 378 CrPC. The right to appeal under Section 372 CrPC extends to acquittals by the First Appellate Court, not just the Trial Court. The High Court’s dismissal of the appellant’s appeal as non-maintainable was set aside, and the matter was remanded to the High Court for a hearing on merits. The Court relied on Mallikarjun Kodagali v. State of Karnataka (2019) 2 SCC 752 and Jagjeet Singh v. Ashish Mishra (2022) 9 SCC 321, emphasizing the expansive and independent nature of a victim’s right to appeal under the CrPC.
Keywords: Victim, Section 372 CrPC, Section 2(wa) CrPC, Section 378 CrPC, Intellectual Property Rights, Counterfeit Products, Appeal against Acquittal, High Court, First Appellate Court.
