2020 (9) TMI 2 - SC - Indian Laws

Quantum of punishment - offence under NDPS - enhancement of sentence imposed, is sought - 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 - Section 372 of the Code of Criminal Procedure - HELD THAT - 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. A reading of the proviso makes it clear that so far as victim s right of appeal is concerned, same is restricted to three eventualities, namely, acquittal of the accused; conviction of the accused for lesser offence; or for imposing inadequate compensation. While the victim is given opportunity to prefer appeal in the event of imposing inadequate compensation, but at the same time there is no provision for appeal by the victim for questioning the order of sentence as inadequate, whereas Section 377, Cr.PC gives the power to the State Government to prefer appeal for enhancement of sentence. While it is open for the State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence - It is fairly well settled that the remedy of appeal is creature of the Statute. Unless same is provided either under Code of Criminal Procedure or by any other law for the time being in force no appeal, seeking enhancement of sentence at the instance of the victim, is maintainable. Appeal dismissed.

Summary

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.