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Showing contexts for: section 372 of code of criminal procedure in Upendra Chaudhary vs Bindu Choudhary on 20 July, 2024Matching Fragments
14. He has also submitted that the convict/Respondents have been also rightly released after admonition under Section 3 of the Probation of Offenders Act. Sentencing is discretionary power of the Court and the informant has no right to question the impugned order whereby the convicts have been granted benefits under the Probation of Offenders Act. Under the proviso to Section 372 Cr.PC, the victim has no right to file appeal against Patna High Court CR. APP (SJ) No.1553 of 2023 dt.20-07-2024 the impugned order. Only State can file appeal under Section 377 of Cr.PC against inadequacy of sentence or grant of benefits to the convicts under the Probation of Offenders Act.
15. I find substance in the submission of learned APP for the State and learned counsel for the Respondents no. 1 to 13 that the informant/victim has no right to file appeal against inadequacy of sentence or grant of relief to the convicts under the Probation of Offenders Act, 1958. Right to file appeal for enhancement of sentence has been provided only to State under Section 377 of the Cr.PC. The right of the victim to prefer an appeal has been provided under the proviso to Section 372 Cr.PC which reads as follows:-
16. The proviso to Section 372 Cr.PC clearly provides that the victim has right to prefer an appeal only under the following three situations:
(i) if the accused has been acquitted, or
(ii) the accused has been convicted for a lesser offence, or
(iii) inadequate compensation has been imposed Patna High Court CR. APP (SJ) No.1553 of 2023 dt.20-07-2024 upon the convict.
"8. ............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 CrPC 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 CrPC but similarly no appeal can be maintained by victim under Section 372 CrPC 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..............."