
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]
Epitome !
Really good!