Document Fragment View
Fragment Information
Showing contexts for: section 372 of code of criminal procedure in Tuba Tabassum vs The State Of Bihar And Ors on 22 November, 2024Matching Fragments
2. The prayer for suspension of sentence of the convicts were rejected by different Benches. Those appeals were listed before the Single Judge as the maximum sentence was of ten years.
3. Since the Government Appeal under Section 377 of the Cr.P.C. and the appeal by the victim under Section 372 of the Cr.P.C. were listed before the Division Benches, some of the SJ appeals were directed to be listed before the Division Bench where the Patna High Court CR. APP (SJ) No.3034 of 2017 dt. 22-11-2024 Government Appeal and the appeal under Section 372 of the Cr.P.C. were listed.
11. When some of the other appeals were listed before the another Single Judge and it was informed that the Government Appeal under Section 377 of the Cr.P.C. and appeal by the victim for payment of adequate compensation to her under Section 372 of the Cr.P.C. were pending consideration before the Division Benches, the Single Judge appeals were also directed to be listed before the Division Benches where the aforenoted two Division Bench appeals were pending.
16. It was also observed that if the matter would have been referred by the learned Single Judge to the Division Bench, there would have been no difficulty for the Division Bench in remanding the matter before the Single Bench, but in this instance, a Division Bench Patna High Court CR. APP (SJ) No.3034 of 2017 dt. 22-11-2024 had directed for listing of all the appeals together along with Government Appeal (DB) No. 15 of 2017 and the Criminal Appeal (DB) No. 722 of 2017 under Section 372 of the Cr.P.C. The correctness of this was doubted by the referring Division Bench.
46. Since Section 307 of the IPC carries a Patna High Court CR. APP (SJ) No.3034 of 2017 dt. 22-11-2024 maximum punishment of life imprisonment, a Government Appeal under Section 377 of the Cr.P.C. for enhancement of sentence would, according to the rules, be listed before a Division Bench.
47. So is the case with an appeal under Section 372 of the Cr.P.C. by a victim for adequate compensation.