Victim Can't Prefer Appeal U/S 372 CrPC Proviso Challenging Adequacy Of Sentence Imposed On Convict: Kerala High Court

The Kerala High Court recently ruled that one cannot prefer an appeal under provide to Section 372 of the Code of Criminal Procedure against a trial court's order, challenging the adequacy of sentence imposed upon the convict.Observing so, a Division Bench of Justice K. Vinod Chandran and C. Jayachandran dismissed a criminal appeal adding that such an appeal can only be preferred by the State under Section 377 of CrPC."It is significant to note that no appeal is provided from an Order challenging the inadequacy of sentence. The right to prefer an appeal on the ground of inadequacy of sentence is conferred upon the State Government by virtue of Section 377 of the Code of Criminal Procedure."The appeal was preferred against the judgment of the Special Court for Trial of Offences Against Children as per which, the accused (respondents herein) were sentenced to rigorous imprisonment and fine under several provisions of the Indian Penal Code. Arguing that the punishment imposed is grossly inadequate considering the gravity of the offences, the appellant (victim) sought enhancement of punishment before the High Court by way of a criminal appeal. Public Prosecutor V.S. Sreejith pointed out that the proviso to Section 372 CrPC does not envisage an appeal against an order imposing an inadequate sentence and argued that this power was statutorily vested with the State Government as per Section 377.However, Advocates C.M. Mohammed Iquabal and P.C. Noushad appearing for the appellant argued that the appeal is maintainable since the proviso to Section 372 contemplates an appeal against an order imposing inadequate compensation, which expression takes within its sweep, an order imposing inadequate sentence as well.According to them, the scope of an appeal should not be restricted to cases where the punishment is for a lesser offence more so when the 'Notes on Clauses' to the CrPC (Amendment) Bill, 2006 stipulates that the amendment to Section 372 gives the victim the right to prefer an appeal against any adverse order passed by the trial court.The Court after perusing the impugned Section noted that a victim can appeal against three types of orders: (i) order acquitting the accused; (ii) order convicting the accused for a lesser offence; and(iii) order imposing inadequate compensationThe Court noted that there is no vested right to prefer an appeal unless conferred by statute, which legal position is recognised in Section 372, wherein it is stipulated that no appeal shall lie from any order of a Criminal Court, except as provided for by the CrPC any other law for the time being in force.Moreover, going through a series of precedents and authoritative pronouncements by the Apex Court, the Bench refused to take stock of the argument of the appellant based on the 'Notes on Clauses' to the CrPC (Amendment) Bill.Therefore, the appeal was dismissed by the Court with a finding that it was not maintainable. Case Title: Sulaiman v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 151Click Here To Read/Download The Order

Victim Can't Prefer Appeal U/S 372 CrPC Proviso Challenging Adequacy Of Sentence Imposed On Convict: Kerala High Court

Hannah M Varghese

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