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Judgment
Farjand Ali, J
The appeal has been filed by the victim complainant Satyanarayan against the judgment of acquittal dated 26.08.2020 passed by the learned Judicial Magistrate Kuchaman City, District Nagaur in Criminal Regular Case No.294/2017.
After insertion of proviso to Section 372 of Cr.P.C., an absolute right has been conferred upon the victim to move an appeal against the judgment of acquittal. In this case, the appeal would lie against the Sessions Court. In this view of the matter, the instant criminal appeal is dismissed, however, looking to the peculiar facts and circumstances of the case and that due to inadvertence, a wrong forum has been chosen, thus, this Court deems it appropriate to not to leave the complainant remediless, therefore, it is felt apt to give a liberty to the appellant to move an appeal before the Sessions Court concerned within next thirty days along with an application under Section 5 of the Limitation Act. If the appeal is filed as directed within the stipulated period, the learned Judge shall take a liberal view in condonation of the delay that would occur in filing of the appeal. The record be sent back forthwith.