The Allahabad High Court in the case Shireen v. State Of U.P. And Ors observed and has reiterated that no appeal can be maintained by the victim under Section 372 CrPC on the ground of inadequacy of sentence and moreover, the appeal preferred by the ‘victim’ as defined under section 2w (wa) of the Cr.P.C. of the crime is not maintainable, against the inadequacy of sentence.
The bench comprising of Justice Mohd. Faiz Alam Khan observed in its order clarified that the appeal under Section 372 Cr.P.C., No appeal to lie unless otherwise provided, the appeal could be filled only on the happening of three situations namely,
When the acquittal of the accused person(s) is made;
When for a lesser offence, the accused person(s) have been convicted; When the Court(s), imposed inadequate compensation.
FACTS OF THE CASE
An appeal filled by the victim under Section 372 Cr.P.C. against a judgment and order passed by the Judicial Magistrate, Ambedkar Nagar, wherein it was held by the trial court had convicted the private respondents under Sections 323, Section 498-A, Section 506 of the Indian Penal Code, 1860 and Section 3/4 D.P. Act
In the present case, the appeal was moved because the accused persons or private respondents were given the benefits of the Probation of Offenders Act, 1958 and released on probation, and therefore, the present application, the victim moved the instant appeal on the ground of inadequacy of sentence.
It was noticed that the instant appeal was also challenged and the judgement and the order passed by the Appellate Court i.e. Additional Sessions Judge, the Fast Track Court-II, Ambedkar Nagar, wherein the appeal preferred by the state against the sentence was also dismissed.
OBSERVATIONS MADE BY THE COURT
It was clarified by the Court that an appeal can only be preferred in accordance with the scheme provided in the Cr.P.C. or it can only be preferred as provided by any other law for the time being in force.
Further, the court while referring to Section 372 Cr.P.C., it was observed by the bench that this provision says that the victim may prefer an appeal against any judgment or order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, However, it was added by the court that no appeal could be preferred on the ground of inadequacy of sentence awarded.
It was stressed by the court that the issue of law in question – as to whether a victim of the crime may prefer an appeal under section 372 Crpc against the accused person, the inadequacy of sentence awarded and has been clarified by the Apex Court in the case of National Commission For Women v. State of Delhi and in the case Parvinder Kansal v. State (NCT of Delhi).
The court observed, in both the cases that the Apex Court held in light of Section 372 of the CrPC that no appeal can be maintained by the victim on the ground of inadequacy of sentence under Section 372 CrPC.
Accordingly, the appeal preferred by the victim of the crime against the inadequacy of sentence was held to be not maintainable and was dismissed as such.