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2019 Supreme(Del) 2268

MANMOHAN, SANGITA DHINGRA SEHGAL
Pravinder Kansal – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. C.L. Gupta , Advocate with Mr. Mandeep, Advocate.
For the Respondent: Mr. Amit Gupta, SI Vineet Kumarr, PS Prashant Vihar.

JUDGMENT :

MANMOHAN, J (Oral):

1. Present appeal has been filed under Section 372 Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) on behalf of the complainant (father of the deceased) challenging the order on sentence dated 17th August, 2019 passed by ASJ/Special Judge (NDPS), North District, Rohini Courts, Delhi in Sessions Case No. 58259/2016 arising out of FIR No.742/2007 registered with Police Station Prashant Vihar. The Trial Court had convicted the accused (respondent No. 2) in the said case under Sections 302/364A/201 IPC and sentenced him to imprisonment for life under Sections 302 and 364A IPC and imprisonment for seven years under Section 201 IPC.

2. Learned counsel for the appellant contends that the sentence awarded to the convict is inadequate and needs to be enhanced to death penalty.

3. At this stage, it is pointed out to the learned counsel for the appellant that the present appeal is not maintainable as the same has been filed under Section 372 Cr.P.C. and the said provision does not contemplate an appeal by the victim/complainant against inadequate sentence.

4. Mr. C.L. Gupta, learned counsel for the appellant states that there needs to be a balance b

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