‘Blatant denial of right to fair hearing’; Delhi HC orders fresh trial for a petty case under Defacement of Property Act 2007
In regard to the maintainability of the appeal, the Court observed that Section 376 CrPC provides that no appeal lies in petty cases, that is, where the sentence passed is for imprisonment for a term not exceeding 3 months or a fine not exceeding Rs 200 or both, then no appeal is maintainable.