TaxTMI 
TaxTMI 
2010 (7) TMI 1131
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....n Rajgarh Colony and during that period had developed a deep friendship with him leading to physical relations as well. He also held out a promise of marriage but later backed off and when she remonstrated with him and reminded him of his promise he threatened to expose and defame her in case she insisted on meeting him. She stated in the suicide note that the accused continued to have sexual relations with her but also compelled her to have sexual relations with others as well. Frustrated and feeling exploited, Sunita thus committed suicide. 2.2 The learned Additional Sessions Judge, Karkardooma Courts, Delhi, by his judgment dated 21st April, 2008, relying primarily on the dying declaration which was the suicide note, convicted the accused under Section 306 of the IPC and sentenced him to rigorous imprisonment for 10 years with a fine of Rs. 5,000/- and in default of payment of fine, to undergo rigorous imprisonment for six months in addition, and to imprisonment for life under Section 376 of the IPC and a fine of Rs. 5000/- and in default, to undergo rigorous imprisonment for six months; both the sentences to run concurrently. 2.3 An appeal was thereafter taken by the accused t....
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....pose to file an application for leave to appeal against the impugned judgment. The accused has also been served by publication but has not chosen to appear in response thereto. 4. Ms. Priya Hingorani, the learned counsel for the petitioner, has forcefully argued that notwithstanding the fact that the State had not filed an appeal in the present matter an appeal at the instance of the Commission was maintainable under the inherent powers of this Court more particularly, as leave to file the Special Leave Petition had already been granted by order dated 2nd April, 2009. It has, accordingly, being submitted that it was not now open to this Court to retract on the earlier order and revoke the permission and to doubt the very maintainability of the Special Leave Petition. On merits, it has been submitted that the discretion exercised by the High Court while reducing the sentence for the offence under Section 376 of the IPC was not called for and merely because the accused had, in the meanwhile, cleared the Indian Administrative Services Examination was not a relevant consideration. We are unable to accept the plea raised by the learned counsel. 5. Chapter XXIX of the Code of Criminal ....
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....fically provides that it is the State Government or the Central Government which can issue a direction to the Public Prosecutor to present an appeal before the Court of Session or the High Court on the ground of inadequacy of the sentence. This Section does not in any manner authorize an appeal to the Supreme Court. We are, therefore, unable to comprehend as to how the Commission was entitled to maintain an appeal in the Supreme Court against the order of the High Court. An appeal is a creature of a Statute and cannot lie under any inherent power. This Court does undoubtedly grant leave to the appeal under the discretionary power conferred under Article 136 of the Constitution of India at the behest of the State or an affected private individual but to permit anybody or an organization pro-bono publico to file an appeal would be a dangerous doctrine and would cause utter confusion in the criminal justice system. We are ,therefore, of the opinion that the Special Leave Petition itself was not maintainable. 7. In Pritam Singh v. State AIR (37) 1950 SC 169 , this Court while dealing with a criminal matter (after the grant of leave under Article 136 of the Constitution) considered the....
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....f "procedure established by law". In express terms, Article 136 does not confer a right of appeal on a party as such but it confers a wide discretionary power on the Supreme Court to interfere in suitable cases. The discretionary dimension is considerable but that relates to the power of the court. The question is whether it spells by implication, a fair procedure as contemplated by Article 21. In our view, it does. Article 136 is a special jurisdiction. It is residuary power; it is extraordinary in its amplitude, its limit, when it chases injustice, is the sky itself. This Court functionally fulfils itself by reaching out to injustice wherever it is and this power is largely derived in the common run of cases from Article 136. Is it merely a power in the court to be exercised in any manner it fancies? Is there no procedural limitation in the manner of exercise and the occasion for exercise? Is there no duty to act fairly while hearing a case under Article 136, either in the matter of grant of leave or, after such grant, in the final disposal of the appeal? We have hardly any doubt that there is a procedure necessarily implicit in the power vested in the summit court. It must be re....