2020 (9) TMI 2

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....llant herein under Section 372 of the Code of Criminal Procedure seeking enhancement of sentence imposed in Sessions Case No.742 of 2007 by the Special Judge (NDPS), North District, Rohini District Courts, Delhi vide order dated 17.08.2019. 3. The appellant herein was the complainant in FIR No.742 of 2007 registered on 15.10.2007 for the offence under Section 364A read with Section 34, IPC and the second respondent herein was the accused. After investigation of the crime, chargesheet dated 11.01.2008 was filed against the second respondentaccused under Sections 364A/302/201, IPC. On committal, case was referred to the court of Special Judge (NDPS), North District, Rohini Courts, Delhi and the second respondent was tried in Sessions Case No....

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....372, Code of Criminal Procedure, 1973 (for short, 'Cr.PC'), it was his case that the sentence of life imprisonment imposed on the second respondentconvict is inadequate and needs to be enhanced to death penalty. Vide impugned judgment dated 27th November 2019 the High Court of Delhi has dismissed the appeal as not maintainable. 5. We have heard Sri Ashwani Bhardwaj, learned advocate appearing for the appellant and Sri Chirag M. Shroff, learned counsel appearing for the State of NCT of Delhi. 6. It is contended by learned counsel for the appellant, though the respondent no.2 had committed murder of an innocent child, the Sessions Court, instead to award punishment of death penalty, has awarded only imprisonment for life. It is contended th....

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....ing heard learned counsel on both sides, we have perused the material on record and the relevant provisions of the Code of Criminal Procedure, 1973. 9. Chapter XXIX of the Code of Criminal Procedure, 1973 deals with 'Appeals' and Section 372 makes it clear that no appeal to lie unless otherwise provided by the Code or any other law for the time being in force. It is not in dispute that in the instant case appellant has preferred appeal only under Section 372, Cr.PC. The proviso is inserted to Section 372, Cr.PC by Act 5 of 2009. Section 372 and the proviso which is subsequently inserted read as under: "372. No appeal to lie unless otherwise provided. - No appeal shall lie from any judgment or order of a Criminal Court except as provided ....