Delhi High Court: A Division Bench of Manmohan and Sangita Dhingra Sehgal, JJ., held that the appeal filed by the complainant (father of the deceased victim) against the judgment of the trial court, challenging the inadequacy of sentence awarded to the convict, was not maintainable.
The convict was sentenced to life imprisonment for the commission of offences under Sections 302 and 364-A IPC. The complainant (father of the deceased victim), feeling aggrieved by the inadequacy of sentence, filed the instant appeal contending that the sentence awarded to the convict should be sentenced to the death penalty.
C.L. Gupta, Advocate made contentions on behalf of the complainant. Per contra, Amit Gupta, APP, appearing for the State, argued that the appeal was not maintainable.
The High Court reiterated that it is settled law that an appeal is a creature of a statue and cannot lie under any inherent power. It was noted that the proviso to Section 372 CrPC (no appeal to lie, unless otherwise provided) confers upon the victim, the right to prefer an appeal against the order of the Criminal Court in the following three instances: (a) Acquittal of the accused person; (b) Conviction of the accused person for a lesse offence; and (c) Imposition of inadequate compensation.
Relying on a catena of decisions, including that of the Supreme Court in National Commission for Women v. State (NCT of Delhi), (2010) 12 SCC 599, the High Court restated: “An appeal by the victim under Section 372 CrPC, is not maintainable if it only challenges the order on sentence on the ground that it imposes inadequate punishment.”
In view of such a mandate of law, the High Court held that the instant appeal was not maintainable, which was, therefore, dismissed. [Pravinder Kansal v. State (NCT of Delhi), 2019 SCC OnLine Del 11508, decided on 27-11-2019]