2020 (9) TMI 2 - SC - Indian Laws

Supreme Court rules victim appeals can't seek sentence enhancement under Section 372, upholding State's exclusive right.

The Supreme Court dismissed the appellant's appeal seeking enhancement of the sentence from life imprisonment to death penalty under Section 372 of the ... Victim's right to appeal under proviso to Section 372 Cr.PC - Appeal against inadequate sentence not maintainable by victim - State's power to prefer appeal against inadequate sentence under Section 377 Cr.PC - Remedy of appeal is creature of statuteVictim's right to appeal under proviso to Section 372 Cr.PC - Appeal against inadequate sentence not maintainable by victim - State's power to prefer appeal against inadequate sentence under Section 377 Cr.PC - Whether the victim can maintain an appeal under the proviso to Section 372 Cr.PC for enhancement of sentence imposed by the trial court. - HELD THAT: - The proviso to Section 372 Cr.PC, inserted by Act 5 of 2009, confines the victim's right of appeal to three situations: acquittal of the accused, conviction for a lesser offence, or imposition of inadequate compensation. The proviso does not provide a right to the victim to challenge the adequacy of the sentence. By contrast, Section 377 Cr.PC empowers the State Government to prefer an appeal where the sentence is alleged to be inadequate. An appellate remedy exists only insofar as it is created by statute; absent a statutory provision permitting a victim to challenge sentence as inadequate, such an appeal is not maintainable. The High Court correctly applied these principles and relied on the precedent referenced by this Court to dismiss the victim's appeal as not maintainable. [Paras 9, 10]Appeal by the victim seeking enhancement of sentence is not maintainable under the proviso to Section 372 Cr.PC; remedy for inadequate sentence lies with the State under Section 377 Cr.PC.Final Conclusion: The appeal is dismissed for lack of merit; the High Court's order dismissing the victim's appeal under Section 372 Cr.PC as not maintainable is affirmed. Issues:- Appeal seeking enhancement of sentence from life imprisonment to death penalty under Section 372 of the Code of Criminal Procedure.- Interpretation of Section 372 and Section 377 of the Code of Criminal Procedure regarding the right of the victim to appeal for enhancement of sentence.Analysis:The judgment pertains to a criminal appeal filed by the appellant seeking enhancement of the sentence imposed by the Special Judge. The appellant, who was the complainant in the case, challenged the order of life imprisonment passed on the accused for the offences under Sections 302, 364A, and 201 of the Indian Penal Code. The High Court dismissed the appeal filed under Section 372 of the CrPC, leading to the appeal before the Supreme Court.The appellant argued that the sentence of life imprisonment was inadequate and should be enhanced to death penalty, citing the brutal murder of his son by the accused. The appellant contended that the scope of appeal under Section 372 should not be restricted only to a lesser offence but should also include a lesser sentence. The State, on the other hand, argued that Section 372 allows the victim to appeal in specific circumstances, and enhancement of sentence is not a ground for victim's appeal under this section.The Supreme Court analyzed the provisions of Section 372 and Section 377 of the CrPC. Section 372 provides the right of appeal to the victim in cases of acquittal, conviction for a lesser offence, or imposing inadequate compensation. The Court noted that the victim's appeal is limited to these scenarios and does not extend to challenging the sentence as inadequate. In contrast, Section 377 empowers the State Government to appeal for enhancement of sentence. The Court emphasized that the remedy of appeal is statutory and unless provided for in the law, an appeal seeking enhancement of sentence by the victim is not maintainable.In conclusion, the Supreme Court upheld the High Court's decision and dismissed the appeal, stating that the victim's appeal under Section 372 cannot be entertained for seeking enhancement of sentence. The Court highlighted that the law does not allow for victim's appeals on the grounds of inadequate sentence, and such appeals are within the purview of the State Government under Section 377 of the CrPC.