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    <title>2011 (5) TMI 880 - Bombay High Court</title>
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    <description>An appeal against inadequacy of sentence under section 377 CrPC can be maintained only by the State or Union Government, acting through the competent authority; an Assistant Collector of Customs lacked statutory authority to file such an appeal, so it was incompetent. The document also notes that the appeal was filed beyond the sixty-day period prescribed under Article 115(b) of the Limitation Act from the date the judgment copy became available, making it time-barred. The combined effect was that the challenge to the sentence could not be entertained for want of competence and for limitation.</description>
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      <description>An appeal against inadequacy of sentence under section 377 CrPC can be maintained only by the State or Union Government, acting through the competent authority; an Assistant Collector of Customs lacked statutory authority to file such an appeal, so it was incompetent. The document also notes that the appeal was filed beyond the sixty-day period prescribed under Article 115(b) of the Limitation Act from the date the judgment copy became available, making it time-barred. The combined effect was that the challenge to the sentence could not be entertained for want of competence and for limitation.</description>
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