HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 905/2020
Deepak Meena S/o Madan Lal Meena, R/o C-104, Lajpat Nagar,
Borkheda, Kota.
----Petitioner/Complainant
Versus
1. State Of Rajasthan, Through Pp.
Respondent
2. Rahul Meena S/o Shri Laxminarayan Meena, R/o J-33, Jawahar Nagar, Ps Jawahar Nagar, Kota. (Presently Lodged In Central Jail, Kota).
----Respondents/Accused
For Petitioner(s) : Mr. Sudhir Jain
For Respondent(s) : Mr. Yashvant Kankhadiya, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
17/08/2021
1. Complainant-petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. aggrieved by judgment dated 14.10.2019 passed by Additional District and Sessions Judge NO.4, Kota in Criminal Appeal No.399/2019 by which criminal appeal for enhancement of sentence against the sentence awarded by the impugned judgment was dismissed.
2. It is contended by counsel for the complainant-petitioner that sentence imposed by the Court below needs to be enhanced as it is established that the accused-respondent committed the offence.
3. I have considered the contentions.
4. As per the Section 372 of Cr.P.C, 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. Section 372 (Downloaded on 19/08/2021 at 09:55:54 PM) (2 of 2) [CRLMP-905/2020] Cr.P.C. also provide that the victim shall prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.
5. From bare perusal of Section 372 Cr.P.C., it is evident that an appeal does not lie against the imposition of less sentence, this Court does not deem it proper to entertain the misc. petition.
6. Accordingly, Criminal Misc. Petition stands dismissed.
(PANKAJ BHANDARI),J ARTI SHARMA /33 (Downloaded on 19/08/2021 at 09:55:54 PM) Powered by TCPDF (www.tcpdf.org)