Victim can't seek enhancement of sentence: SC

The Supreme Court has declared that victim of a crime cannot file an appeal in court for enhancement of sentence in a case, though the state government has been assigned this power under the law.

"So far as victim’s right of appeal is concerned, it is restricted to three eventualities, namely, the acquittal of the accused; conviction of the accused for a lesser offence; or for imposing inadequate compensation," a bench of Justices Ashok Bhushan and R Subhash Reddy said.

The top court explained the legal position while rejecting a plea by Parminder Kansal for enhancement of life sentence to the death penalty for a convict in the case of kidnap-cum-murder of his son in Delhi.

The petitioner challenged the Delhi HC's order of November 27, 2019, dismissing his plea for awarding the maximum sentence in the case.

The counsel contended that there is no reason to restrict the scope of appeal by the victim only to the stringent offence but not for a lesser sentence. He relied upon the proviso to Section 372 of the Criminal Procedure Code, which gave the victim the right to prefer an appeal when the accused is convicted for a lesser offence.

The Delhi government's counsel submitted the victim's right was a qualified one which was maintainable in the event of acquittal of the accused or conviction for a lesser offence or for imposing inadequate compensation only. Whereas under Section 377 of the CrPC, the state government was empowered to prefer an appeal in the event of an inadequate sentence.

After going through the legal provisions, the court said it is fairly well settled that the remedy of appeal is the creature of the Statute.

"Unless it is provided either under Code of Criminal Procedure or by any other law for the time being in force, no appeal, seeking enhancement of sentence at the instance of the victim, is maintainable," the bench said.