Sivakumar vs State Rep. By
2022 Latest Caselaw 5957 Mad

                                                                            Crl.A.(MD)No.237 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 23.03.2022

                                                    CORAM:

                              THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                and
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                             Crl.A.(MD)No.237 of 2022

                     Sivakumar                          ...Appellant / Defacto Complainant
                                                           Vs.

                     State rep. by
                     Inspector of Police,
                     Tamil University Police Station,
                     Crime No.177 of 2017,
                     Thanjavur.                              ...1st Respondent / Complainant

                     2.Vishwanth                             ...2nd Respondent /Accused

                     PRAYER: Criminal Appeal filed under Section 372 of Cr.P.C., against
                     the judgment passed by the I Additional District cum Sessions Judge,
                     Thanjavur in S.C.No.183 of 2018 dated 22.04.2019.


                                   For Appellant    : Mr.A.Shajahan

                                   For R-1          : Mr.S.Ravi,
                                                     Additional Public Prosecutor




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                 Crl.A.(MD)No.237 of 2022


                                                         JUDGMENT

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The defacto complainant seeks to challenge the judgment of the

Sessions Court, Thanjavur in S.C.No.183 of 2018 dated 22.04.2019.

imposing a punishment of life imprisonment along with fine on the

accused for the offence under Section 302 of I.P.C., and seven years

Rigorous Imprisonment along with fine for the offence under Section

201 of I.P.C. The accused was charged for the offences under Sections

302 and 201 of I.P.C.

2. Section 372 of Cr.P.C., reads as follows:

“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 by any other law for the time being in force:

[provided that the victim shall have a right to 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.]”

https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.237 of 2022

3. It could be seen from the proviso that the victim has a right of

appeal only against the order of the Sessions Court acquitting the

accused or convicting the accused for lesser offence or imposing

inadequate compensation.

4. It is therefore clear that the defacto complainant or the victim

cannot seek enhancement of punishment. Hence, this criminal appeal is

dismissed as not maintainable.

                                                                     (R.S.M., J.)        (N.S.K., J.)
                                                                                 23.03.2022

                     Index : Yes/No
                     Internet : Yes/No
                     PM

                     To

1.The I Additional District cum Sessions Judge, Thanjavur.

2.Inspector of Police, Tamil University Police Station, Thanjavur.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.237 of 2022

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J

pm

Judgment in Crl.A.(MD)No.237 of 2022

23.03.2022

https://www.mhc.tn.gov.in/judis