Now let’s alter the presumption. Presumption here is that Sessions court has acquitted the individual after he was convicted by the trial court. In case of acquittal by session court, section 378 of CrPC will come into play. Under sub-section 4, a private individual may by an application made to HC ask for grants special leave to appeal from the order of acquittal, and if HC allows, the complainant may present such an appeal to the High Court. It is a well-accepted principle and has been observed in multiple cases.
Subhash Chand vs State(Delhi Administration):
In this case court made observation that the “…Whether a case is a case instituted on a complaint depends on the legal provisions relating to the offence involved therein. But once it is a case instituted on a complaint and an order of acquittal is passed, whether the offence be bailable or non-bailable, cognizable or noncognizable, the complainant can file an application under Section 378(4) for special leave to appeal against it in the High Court. Section 378(4) places no restriction on the complainant. So far as the State is concerned, as per Section 378(1)(b), it can in any case, that is even in a case instituted on a complaint, direct the Public Prosecutor to file an appeal to the High Court from an original or appellate order of acquittal passed by any court other than High Court….”
Other cases reiterating the same include (Though it was not the ratio of the case):
M.Ramamurthy vs N.A.Ramakrishnan
State Of M.P. vs Chandrabhan Heeralal Yadav