Victim cannot implead in appeal preferred by convict: HC

The High Court has held that the Code of Criminal Procedure Code (CrPC) does not confer any right on the victim to seek impleadment in an appeal preferred by the convict.

A division bench passed this order while dismissing the application filed by the complainant in Bhaskar Shetty murder case in Udupi district.

The impleading application was filed by Gulabi Shedti, 79, mother of deceased Bhaskar Shetty. The application was moved in the criminal appeals filed by the convicts in the case - Rajeshwari Shetty, Navneet Shetty, wife and son of Bhaskar Shetty, and Niranjan Bhat, a priest.

The applicant contended that the appeal being a continuation of the prosecution, she is entitled to be heard in the appeal, including on the application praying to suspend the sentence and enlarge the convicts on bail.

A division bench headed by Justice G Narendar rejected the contention pointing out that if the guilt of a person has been proclaimed and such convict prefers an appeal, it can by no stretch of imagination be construed as a continuation of prosecution. The bench cited the Supreme Court judgment in Rekha Murarka’s case and said that if the interpretation of the applicant is accepted, the mischief and damage that it could cause to the justice dispensation system is immeasurable.

“Section 389 of the CrPC, placed in Chapter XXIX, does not confer any right of audience on victims in and during the consideration of the application for suspension of sentence in an appeal preferred by the convict. We hold that the right to assist the prosecution under 24 (8) is not available to the victim in an appeal by a convict under Chapter XXIX,” the bench said.

On June 8, 2021, the Principal District and Sessions court at Udupi had convicted sentenced life imprisonment to the three accused. The convicts had challenged the verdict by way of criminal appeals.