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13. They also submit that the informant/appellant has no right to question the impugned order whereby the respondents/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 the impugned order. Only State can file appeal under Section 377 of Cr.PC against inadequacy of sentence or grant of benefits to the victim under the Probation of Offenders Act.

14. We find substance in the submission of learned APP for the State and learned counsel for the Respondents No. 2 to 5 that the informant/victim has no right to file appeal against Patna High Court CR. APP (DB) No.923 of 2023 dt.21-08-2024 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:-

15. 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 upon the convict.

16. Hence, it transpires that no right has been provided to the victim to file an appeal against inadequacy of sentence. Appeal for enhancement of sentence has been provided under Section 377 Cr.PC giving right to State to file such appeal. Moreover, right to appeal is statutory right. Unless a right to Patna High Court CR. APP (DB) No.923 of 2023 dt.21-08-2024 appeal has been created by statutory provision, the appeal cannot be maintainable. Here, it would be apposite to refer to Parvinder Kansal Vs. State (NCT of Delhi), (2020) 19 SCC 496, wherein Hon'ble Supreme Court has held as follows:-

"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..............."