9911796707
TMI Blog2020 (9) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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.58259 of 2016. By judgment dated 30th July 2019 in the above said Sessions Case No.742 of 2007 the second respondent was convicted for offence punishable under Sections 364A, 302 and 201, IPC. By subsequent order dated 17th August 2019 he was sentenced for offence under Sections 302, 364A and 201, IPC as under : 14. In view of above observations this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 that in view of proviso to Section 372, Cr.PC which gives right to prefer appeal to the victim, when the accused is convicted for lesser offence, there is no reason to restrict the scope of appeal only for a lesser offence but not for lesser sentence. It is submitted that on 15.10.2007 when the son of the appellant was kidnapped ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny 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 for by this Code or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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