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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashwani Kumar Singh, Arvind Srivastava, JJ.
Sanjay Kumar @ Bhondu - Appellant
Versus
The State Of Bihar & Ors. - Respondent
Criminal Appeal (DD) No. 401 of 2021
Decided On : 23-08-2021
Code of Criminal Procedure, 1973 – Section 272 – The informant, who is father of the victim girl child, preferring the appeal against inadequate sentence – Conviction under Sections 363, 364, 366, 307, 376, 302, 201 IPC and 4(2) of the POCSO Act and sentence for imprisonment for life apart from other sentences – appeal for awarding death sentence – there is no provision under the CrPC for an appeal by the 'Victim' against the order of an inadequate sentence – only the state government can be appeal for enhancement of sentence under Section 372 CrPC – instant appeal is misconceived and dismissed having no merit. (Paras 18 to 22)
JUDGMENT
Ashwani Kumar Singh, J. - Being aggrieved by and dissatisfied with the order of sentence dated 2nd November, 2020 passed by the learned Special Judge, Exclusive POCSO Court-cum-Additional Sessions Judge-VI, Gaya (hereinafter referred to as 'the Trial Court') in POCSO Case No. 17 of 2018, the appellant has preferred the present appeal under the proviso to Section 372 of the Code of Criminal Procedure (for short 'CrPC').
2. The appellant herein was the informant of Rampur PS. Case No. 37 of 2018 registered on 06.02.2018 for the offences punishable under Sections 363, 364, 366A of the Indian Penal Code (for short 'IPC') and 8 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act'). Later on, Sections 302, 376, 307 and 201 of the IPC and 4 of the POCSO Act were added to the First Information Report (for short 'FIR') during investigation after the dead body of the missing daughter of the informant was recovered.
3. After completing the investigation, Charge-Sheet No. 80 of 2018 dated 30.04.2018 was submitted by the investigating officer under Sections 363, 364, 302, 201, 376 and 307 of the IPC and 4 & 8 of the POCSO Act against respondent no.2 Chhotu Rawani.
4. Upon receiving the police report under Section 173(2) of the CrPC, the Trial Court took cognizance of the offences punishable under Sections 363, 364, 302, 201, 376 and 307 of the IPC and 6 of the POCSO Act on 10.05.2018 and summoned the respondent no. 2 to face trial.
5. Having complied with the statutory requirements of Section 207 of the CrPC, the Trial Court framed charges against respondent no.2 under Sections 363, 364, 366A, 376, 302, 201 and 307 of the IPC and 4 of the POCSO Act to which he pleaded not guilty and claimed to be tried.
6. After closure of the prosecution case, the circumstances appearing in the evidence against the respondent no. 2 were explained to him and his statements were recorded under Section 313 of the CrPC.
7. Since the defence did not produce any evidence, the Trial Court heard the arguments advanced on behalf of the parties and, vide judgment dated 19th October, 2020 convicted the respondent no. 2 for the offences punishable under Sections 363, 364, 366, 307, 376, 302, 201 of the IPC and 4(2)of the POCSO Act.
8. After hearing the respondent no. 2 on the point of sentence, the Trial Court, vide order dated 2nd November, 2020 sentenced the respondent no. 2 for the respective offences in the following manner :-
Sl. No. | Offence under Section | Punishment awarded |
1. | 363 IPC | Rigorous imprisonment for a term of seven years and a fine of Rs.5000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. |
2. | 364 IPC | Rigorous imprisonment for a term of ten years and a fine of Rs.5000/- and in default of payment of fine to further undergo imprisonment for six months. |
3. | 366 IPC | Rigorous imprisonment for a term of ten years and a fine of Rs.5000/- and in default of payment of fine to further undergo imprisonment for six months. |
4. | 307 IPC | Rigorous imprisonment for a term of ten years and a fine of Rs.5000/- and in default of payment of fine to further undergo imprisonment for six months. |
5. | 302 IPC | Imprisonment for life and a fine of Rs. 10000/- and in default of payment of fine to further undergo imprisonment for six months. |
6. | 201 IPC | Rigorous imprisonment for a term of seven years and a fine of Rs.2000/- and in default of payment of fine to further undergo imprisonment for six months. |
7. | 4(2) of the POCSO Act | Imprisonment for life which shall mean imprisonment for the remainder of natural life of the accused and a fine of Rs.5000/- and in default of payment of fine to further undergo imprisonment for six months. |
9. After awarding the sentence for the proved charges under various provisions of the IPC and the POCSO Act in the manner indicated hereinabove, the Trial Court directed that all the sentences shall run concurrently and the period of detention already undergone by the convict shall be set off against the period
There is no provision under Cr.P.C. for appeal by ‘victim’ against order of an inadequate sentence.
No appeal shall lie from any judgment or order of a Criminal Court, except as provided for by the Code of Criminal Procedure or by any other law for the time being in force.
The right to appeal against the sentence will not be available to the victim in view of the specific provisions of the statute and the Supreme Court's observations in similar cases.
Victim's right to appeal under Section 372 of the Criminal Procedure Code is restricted to specific eventualities, excluding the right to appeal for inadequate sentence.
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