Appeal by Victim challenging the order of sentence of lower court and seeking enhancement of sentence to death penalty is not maintainable: SC

Parvinder Kansal vs. The State of NCT of Delhi

CRIMINAL APPEAL NO. 555 OF 2020 [Arising out of S.L.P.(Crl.) No.3928 of 2020] decided on August 28, 2020

https://main.sci.gov.in/supremecourt/2020/14248/14248_2020_35_1503_23651_Judgement_28-Aug-2020.pdf

BENCH: Ashok Bhushan, R. Subhash Reddy, JJ

FACTS:

The complainant or victim filed an appeal challenging the order of sentence lower court seeking enhancement of sentence to death penalty.

ISSUE:

Whether victim can file appeal under Section 372, Code of Criminal Procedure, 1973[CrPC] court seeking enhancement of sentence to death penalty?

HELD:

The Supreme Court dismissing the appeal held that there is no provision for appeal by the victim for questioning the order of sentence as inadequate. Furthermore, the Court said that the remedy of appeal is creature of the Statute and since the appeal by the victim for questioning the order of sentence as inadequate  is not provided either under Code of Criminal Procedure or by any other law for the time being in   force, no appeal seeking   enhancement   of   sentence   at   the instance of the victim, is maintainable.

The Court further said that Section 377, Cr.PC gives the power to the State Government to prefer appeal for enhancement of sentence.   While it is open for the State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence

[ See Section 372. No appeal to lie, unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or any other law for the time being in force.

See S. 377 Appeal by the State Government against sentence]