SMT SHIMLA SHARMA AND ORS VS STATE OF RAJASTHAN AND ANR
- Court
- Rajasthan High Court
- Bench
- Jaipur
- Date
- 18 Apr 2026
- Citation / case number
- CRLMP / 111 / 2014
Summary
Petitioner sought to continue the appeal against acquittal filed by the deceased victim. HELD- A legal heir falls within “victim” under Section 2(wa) Cr.P.C. and can continue the victim’s appeal under the proviso to Section 372; “prefer an appeal” includes pursuing it. Section 394 cannot cause automatic abatement on the victim’s death. Absence of a corresponding provision for victim’s heirs is discriminatory under Article 14. Appeal restored; leave to continue permitted.
Details are as published by the court or dataset. Read the court's copy before relying on or citing this judgment.