- In Anand Singh Versus The State of Maharashtra, the Bombay High Court has held that in order to seek enhancement of the offender's jail time, a victim has to file a revision application and not an appeal against the trial Court's judgement.
- The background of this case is that in 2010, the victim's father placed a matrimonial advertisement in a newspaper. Pursuant to this, the accused, disguising as a prospective groom, sedated, conned and threatened the victim and her family.
- Subsequently, an FIR was lodged against him and he was given a sentence of 7 years.
- In 2015, the victim filed an application u/s 372 CrPC praying for enhancement of the sentence awarded to the accused from 7 years to 10 years.
- Presently, the accused is out of jail since 2016 after completing his sentence.
- The counsel for the applicant victim took reliance on the case Mallikarjun Kodagali v. State of Karnataka, where it was held that the proviso to section 372 CrPC is a social welfare legislation that entitles a victim to challenge an unfavorable order passed by a Court and therefore, this section deserves a realistic and a progressive meaning for the benefit of the victim.
- The applicant's counsel also pointed out to the notes of CRPC (Amendment) Bill, 2006 which introduced the proviso to section 372 and talks about a victim's right to appeal against any unjust order.
- The Counsel for the State took reliance on the report of the Malimath Committee in 2003 pertaining to rights for victims and said that the parliament didn't specify in the report that a right to appeal for enhancement of punishment is available to a victim.
- The Hon'ble Court took reliance on the Supreme Court judgement in the case of Parvinder Kansal Vs. The State of NCT of Delhi & Anr, where it was held that an appeal to enhance punishment of an accused is not maintainable as only the State is entitled to file an appeal against a sentence.
- The Court further observed that the victim can file an appeal u/s 372 CrPC, only under three situations:
- When the accused is aquitted;
- If the accused is convicted for a lesser offence or
- If an inadequate compensation is awarded to the victim.
- In the present case, the Ld.Court held that under section 372 CrPC, the appeal filed by the victim against the sentence will not be maintainable.
- The Court further held that the victim can file a revision application under section 401 CrPC and the same will be maintainable.
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