Renu Sharma vs Anand Rahul Singh And Anr
2021 Latest Caselaw 12801 Bom

                                                                                        2.apeal.669.2015.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION
                            CRIMINAL APPEAL NO. 669 OF 2015

    Mrs. Renu Sharma                                          ... Appellant
    V/s.
    Anand Rahul Singh and Anr.                                ... Respondents
                                        WITH
                            CRIMINAL APPEAL NO. 467 OF 2012

    Anand Singh                                               ... Appellant
    V/s.
    The State of Maharashtra                                  ... Respondents
                                            -------------------
    Mr. Sandeep Korgave I.by Mr. Ravi Kadam for the appellant in Apeal/
    669/2015.
    Ms. Akshata Desai I.by Mr. Nitin Sejpal for the appellant in
    Apeal/467/2012.
    Ms. Geeta P. Mulekar-APP for the State.
                                           ---------------------
                                   CORAM : SMT. SADHANA S. JADHAV &
                                           SARANG V. KOTWAL, JJ.

DATED : SEPTEMBER 7, 2021.

P.C. :

. The learned counsel appearing in Criminal Appeal No. 467 of 2012 submits that the appellant herein has undergone the substantive sentence as well as default sentence imposed upon him vide judgment and order dated 4 th April 2012. Criminal Appeal No. 669 of 2015 is filed by the victim i.e. the original complainant. The

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2.apeal.669.2015.doc

original complainant seeks enhancement of the sentence imposed upon the accused in Session Case No. 8 of 2011 decided vide judgment and order dated 4th April 2012 passed by the Additional Sessions Judge, Raigad at Alibag.

2. The office had placed on record the judgment of the Apex Court in Criminal Appeal No. 555 of 2010, wherein the the Hon'ble Apex Court has held as follows:-

"......A reading of the proviso makes it clear that so far as victim's right of appeal is concerned, same is restricted to three eventualities, namely, acquittal of the accused; conviction of the accused for lesser offence; or for imposing inadequate compensation....".

"......While it is open for the State Government to prefer appeal for inadequate sentence under Section 377, Cr.P.C. but similarly no appeal can be maintained by victim under Section 372, Cr.P.C. on the ground of inadequate sentence...."

3. The learned counsel appearing for the original complainant submits that the Advocate on record is appointed on the panel of the Government of Maharashtra as an A.G.P.. He cannot appear in this matter. Hence, issue notice to the original complainant i.e. Renu Sharma. Notice returnable on 28th November 2021.

(SARANG V. KOTWAL, J)                          (SMT. SADHANA S. JADHAV, J)




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