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Appeal by victim

Supreme Court e@Journal

Judgment dated 28.8.2020

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Criminal Procedure Code, 1973 (II of 1974)  Section 372 Proviso, 377 - There is no provision for appeal by the victim for questioning the order of sentence as inadequate - Victim's right of appeal is restricted to three eventualities, namely, acquittal of the accused; conviction of the accused for lesser offence; or for imposing inadequate compensation - 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 -  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. National Commission for Women vs. State of Delhi & Anr. (2010) 12 SCC 599  rightly relied. #2020 SCeJ 1554 

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