Victim's appeal cannot seek sentence enhancement under Section 372 CrPC; that remedy lies separately under Section 377.

The proviso to Section 372 CrPC gives a victim a right of appeal only against acquittal, conviction for a lesser offence, or inadequate compensation. It does not extend to challenging the adequacy of sentence or seeking sentence enhancement. That remedy is separately provided under Section 377 CrPC, which is vested in the State Government. Because the right of appeal is purely statutory, a victim cannot maintain an appeal for enhancement of sentence unless the statute expressly confers that right; the victim's appeal was therefore not maintainable and was correctly dismissed.

---

---

Issues: Whether a victim can maintain an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 for enhancement of sentence on the ground that the sentence imposed is inadequate.

Analysis: The proviso to Section 372 confers a victim's right of appeal only in three specified situations, namely acquittal, conviction for a lesser offence, or inadequate compensation. It does not create a right to challenge the adequacy of sentence. The power to seek enhancement of sentence is separately provided under Section 377 of the Code of Criminal Procedure, 1973, which is vested in the State Government. Since the right of appeal is a statutory creation, no appeal for enhancement of sentence lies at the instance of the victim unless the statute expressly provides for it.

Conclusion: The victim's appeal for enhancement of sentence was not maintainable under Section 372 of the Code of Criminal Procedure, 1973 and was correctly dismissed.

Ratio Decidendi: The proviso to Section 372 of the Code of Criminal Procedure, 1973 limits a victim's appeal to acquittal, conviction for a lesser offence, or inadequate compensation, and does not permit an appeal for enhancement of sentence, which lies only under Section 377 at the instance of the State.

---