Hon'ble Justice Vibhu Bakhru of Delhi High Court in the recent judgement of Ashok Malhotra v. State (Government of NCT Delhi) and Anr on 01/11/2019 said that victim cannot appeal against inadequate sentence under Section 372 of Criminal Procedure Code. While denying the victim the right to move such an appeal, the court said that the appeal is only invoked under the provision to Section 372 of the Criminal Procedure Code only in these circumstances:
The complainant had stated that the petitioner, who is the elder brother of the complainant’s husband (jeth) lived on the first floor of the property bearing House No. 1/6896, East Rohtash Nagar, Shahdara, Delhi - 110031. She had stated that the petitioner desired to live on the ground floor of the said property and wanted the complainant and her family to leave the said property. She alleged that in the aforesaid context, on 02.07.2006 at about 11:45 a.m., the petitioner had hurled abuses at her and had hit the complainant on her face (below her left eye) with a GI Pipe (iron pipe). She had stated that this was informed to the police and the complainant and her husband were taken by the police to GTB Hospital for a medical examination. An FIR (bearing FIR No. 295/2006 under Section 325 of the IPC) regarding the said incident was registered with PS Shahdara and a case was sent to trial. Trial court convicts the accused under section 323 of IPC. Aggrieved by the trial court judgement victim appeal against this judgement before the Additional Session Judge and the appeal is allowed and accused convict under 325 of IPC.
Aggrieved by the quantum of sentence, the respondent victim then moved an appeal under section 372 of CrPC. The court relied on the judgement of Bhavuben Dineshbhai Makwana v. the State of Gujarat and said that the provision to section 372 of Criminal Procedure Code, 1973 does not complete an appeal against an order of a court imposing an inadequate sentence/punishment. Moreover, the said provision only provides a limited right to the victim to file an appeal for inadequate compensation but not against inadequate sentence.
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