The Kerala High Court has reiterated that vicitm cannot prefer appeal under Section 372 CrPC challenging adequacy of sentence imposed upon the convict.
The Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran clarified that right to prefer an appeal on the ground of inadequacy of sentence is conferred upon the State Government by virtue of Section 377 CrPC.
The appeal was filed against the judgment of the Special Court for Trial of Offences Against Children as per which, the accused persons/respondents were sentenced to rigorous imprisonment and fines under different sections of the penal code namely, Section 307, read with Section 149, Section 143, 147, 148, 149, Section 329, read with Section 149 and Section 326, read with Section 149 IPC.
According to the appellant/victim, the punishment imposed was grossly inadequate, having regard to the gravity of the offences and therefore, the appellant sought enhancement of punishment in the appeal.
The Counsel for the Appellant argued that the appeal is maintainable since the Proviso to Section 372 Cr.P.C. contemplates an appeal against an Order imposing inadequate compensation, which expression takes within its sweep, an order imposing inadequate sentence as well.
He averred that the scope of an appeal, specifically engrafted in the Code by virtue of an amendment introduced by Act 5 of 2009, should not be restricted to cases where the punishment is for a lesser offence, more so when the 'Notes on Clauses' to the Code of Criminal Procedure (Amendment) Bill, 2006 stipulates, vide Clause 38, that the amendment to Section 372 gives the victim the right to prefer an appeal against any adverse order passed by the trial court.
The Court at the outset noted that it is very clear from the provisions of Section 372 CrPC that three categories of Orders have been culled out, in providing a right of appeal to the victim, that is to say
(i) an Order acquitting the accused;
(ii) an Order convicting the accused for a lesser offence; and
(iii) an Order imposing inadequate compensation.
The Court remarked that claimed right here in the present appeal, belongs to the State and not Victim under Section 377 CrPC.
"It is settled that there is no vested right to prefer an appeal, unless conferred by statute, which legal position is seen recognised in Section 372 Cr.P.C, wherein it is stipulated that no appeal shall lie from any judgment or order of a Criminal Court, except as provided for by the Code of Criminal Procedure or by any other law for the time being in force."
The Court referred to PARVINDER KANSAL vs. STATE OF NCT OF DELHI, 2020 Latest Caselaw 478 SC wherein the legal position that Proviso to Section 372 does not envisage an appeal directed against inadequate sentence has been settled by the Apex Court.
The appeal was accordingly dismissed.
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