Victim Cannot Appeal Against Inadequacy Of Sentence Under Juvenile Justice Act; Remedy Is Revision: Patna High Court
The Patna HC has held that a victim or informant cannot maintain an appeal seeking enhancement of sentence on the ground of inadequacy of sentence, and that the appropriate remedy is to file a criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
A Single Judge Bench of Justice Jitendra Kumar was hearing an appeal filed by the informant against the order dated 26.03.2026 passed by the Ist Additional Sessions Judge, Saran at Chapra in Children Court Case No. 05 of 2023.
The Children Court had sentenced both the convict juveniles to imprisonment for three-and-a-half years for the offence under Section 302 of the Indian Penal Code, with the period already undergone directed to be set off against the sentence. It had also directed yearly review of the progress of the juveniles and provided for their transfer to Chapra Jail after completion of 21 years, with periodic production before the Children Court.
The informant challenged the quantum of sentence, contending that the sentence imposed was inadequate and seeking its enhancement. The Registry raised an objection regarding maintainability. The State also submitted that the appellant ought to have filed a criminal revision under Section 102 of the JJ Act, 2015.
The Court examined Sections 101 and 102 of the JJ Act, which provide for appeal and revision respectively. It noted that Section 103(2) requires the procedure for hearing an appeal or revision under the JJ Act to be followed, as far as practicable, in accordance with the CrPC/BNSS, subject to any specific procedure provided under the JJ Act.
The Court further noted that Section 101(5) provides for an appeal against an order of the Children Court before the High Court in accordance with the procedure specified under the CrPC/BNSS. The Court then considered Section 377 CrPC, which deals with appeals against inadequacy of sentence. It held:
“I further find that as per Section 377 Cr.PC, appeal against inadequacy of sentence can be filed only by the State and the victim/informant has no right to file such appeal.”
The Court accordingly held that the present appeal filed by the informant seeking enhancement of the sentence was not maintainable.
Relying upon the principles governing the victim's right of appeal under Section 372 CrPC, the Court found that inadequacy of sentence was not a ground on which the present appeal could be maintained.
Accordingly, the appeal was dismissed as not maintainable, while the appellant was granted liberty to file a criminal revision within two months under Section 102 of the JJ Act.
The office was directed to return the certified copy of the impugned order after the appellant filed a copy of the same.
Appearance:
For the Appellant/s: Mr. Amarendar Kumar, Advocate; Mr. Srikant Pandey, Advocate
For the State: Mr. Anand Mohan Prasad Mehta, APP