Why Victim Cannot Seek Enhancement Of Sentence U/s.372 Of The CrPC?

Since 2009, the victim has officially entered in the textbook of Criminal Law. It is to be remembered that right of the victim to prefer an Appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation … has been inserted for the first time in the CrPC by adding the proviso u/s.372 of the Code. by stressing that … 'Furthermore, credence should be given to the overall emphasis on victimology underlying the 2009 Amendment Bill,: … "Statement of Objects and Reasons.– The need to amend the Code of Criminal Procedure, 1973 to ensure fair and speedy justice and to tone up the criminal justice system has been felt for quite sometime…" In view of the above and by re-reading the proviso u/s.372 of the CrPC, the 2nd eventuality, which the Supreme Court has categorized: 'convicting for a lesser offence' – this phrase, actually does not give any right to victim for prefer an appeal for enhancement of sentence. Therefore, the Supreme Court has said in Parvinder Kansal: "… 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, …" This anomaly is serious, as since 2010 i.e. the first judgement of the Supreme Court on this issue in a case of National Commission of Women vs. State of Delhi, the Apex Court has pinpointed that: " … The proviso may not thus be applicable … and, in any case, would confer a right only on a victim and also does not envisage an appeal against an inadequate sentence…" It is therefore, submitted that many appeals filed in the different High Courts by the victim/s for inadequate sentences or fewer or lesser sentences in criminal cases, now, would meet the fate of dismissal after this clear judgement of Parvinder Kansal, as most of the victims do not know the difference between the conviction and sentence and in most of such cases, where victims want to challenge the Judgement of Trial court only on the basis of inadequate sentence.