A division bench of the Delhi HC comprising of Justice Manmohan and Justice Justice Sangita Dhingra Shegal stated a petition where the complainant who is the father of the deceased victim challenged the inadequate sentence awarded to the convict was not maintainable.
The trial court sentenced the convict to life imprisonment for the offences he committed vide Section 302 and 364-A IPC. The complainant was aggrieved by this sentence and filed for an instant appeal praying for the death penalty of the convict.
The HC held that it had been noted under the proviso to Section 372 CrPC that an appeal could be favoured against the order of a Criminal Court only when
iii. the compensation imposed was not sufficient.
Stating the decision of the SC in national Commission for Women v. State of Delhi 2010 12 SCC 599, the HC reminded that “An appeal by the victim under Section 372 CrPC, is not maintainable if it only challenges the order on sentence on the ground that it imposes inadequate punishment.”
The HC clearly held that under the given circumstances, this instant appeal was not maintainable.
Pravinder Kansal v. State (NCT of Delhi), Crl. A. No. 1284 of 2019.