Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]
5 years, 4 months ago

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]

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Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went on to note that victim can invoke her right under proviso to section 372 of CrPC only in there circumstances: Acquittal of the accused Convicting of the accused for a lesser offence Imposition of inadequate compensation In the present case, the Respondent victim had moved a complaint against the Petitioner accused for hitting her with an iron rod and hurling abuses at her. Aggrieved by this decision, the Respondent victim had then preferred an appeal before the Additional Sessions Judge, complaining that the Petitioner accused ought to have been convicted under section 325 of the IPC. The Respondent victim relied upon the decision in Mallikarjun Kodagali Legal Representatives v. State of Karnataka to argue that by virtue of section 372, a victim would always have the right to challenge an order passed by the Trial Court imposing an inadequate sentence convicting the accused. The counsel for the Petitioner accused, on the other hand, argued that proviso to Section 372 of the CrPC does not entitle the victim to file an appeal on account of inadequacy of sentence.

History of this topic

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2 years ago
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2 years, 6 months ago
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2 years, 7 months ago
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2 years, 9 months ago
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3 years ago
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3 years ago
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3 years, 1 month ago
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3 years, 7 months ago
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4 years, 3 months ago
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4 years, 6 months ago
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4 years, 7 months ago
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5 years, 2 months ago
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6 years, 5 months ago
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7 years, 11 months ago
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7 years, 11 months ago
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7 years, 11 months ago
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8 years, 7 months ago
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