- (1.)Mr Chattar Singh has filed this appeal under the proviso to section 372 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code'), claiming himself to be a 'victim' The appeal is directed against the judgment dated 06.01.2010 delivered by the learned Additional Sessions Judge, North East, Karkardooma Courts, Delhi whereby the respondent nos. 1 to 4 who had been charged under sections 120-B, 364 r/w 120-B, 302 r/w 120-B and 201 r/w 120-B IPC, were acquitted.
(2.)The primary question which arises in this case is with regard to the maintainability of the appeal. Can Mr Chattar Singh, the father of the deceased Satish, be regarded as a 'victim' for the purposes of the proviso to section 372 of the Code? Who is a 'victim' for the purposes of the proviso to section 372 of the Criminal Procedure Code, 1973?
(3.)The proviso to section 372 of the Code stipulates that a 'victim' shall have a right to prefer an appeal against any order passed by the court whereby :-
(a) the accused is acquitted; or

(b) the accused is convicted for a lesser offence; or

(c) inadequate compensation is imposed.

The word 'victim' is defined in section 2(wa) of the Code as under:- .2. Definitions.-In this Code, unless the context otherwise requires,- xxxxx xxxxx xxxxx xxxxx (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 heir;.

A victim of crime is a person who suffers any loss or injury as a result of the crime. Although the expression 'any loss or injury' is an expansive expression, it appears that it has been used in the context of the person whose suffering is the direct and most proximate result of the crime. Let us take the case of theft. The person whose suffering is the direct and most proximate result of the crime is the person whose property is stolen. Surely, that person's wife, children or parents would also suffer some mental pain and anguish and may even suffer financially but, the real victim is that person, that is, the owner of the property stolen. In the case of grievous hurt also, the victim would be the person on whom the hurt was inflicted although, there would be other family members and friends who may also indirectly suffered the trauma. The victim of rape is the woman or girl who has been raped. Although her parents and other family members must have also suffered to some extent, it is only she who could be regarded as the victim. Of course, where the person on whom the crime is committed loses his or her life, his or her 'heirs' would fall within the meaning of 'victim' Similar is the case of a minor or a person of unsound mind. It is his or her guardian who would also be regarded as a 'victim'. This is clear from the .means ... and includes. definition found in section 2(wa) of the Code.