JUDGMENT :

1. List revised. None is present to present this appeal on behalf of the applicant. Sri Rakesh Dubey, learned counsel for the accused-respondents is present.

2. The present appeal has been filed with delay condonation application.

3. Office has reported a delay of 122 days.

4. Sri Rakesh Dubey, learned counsel for the accused-respondent while drawing attention to the prayer clause has submitted that the present appeal has been filed for enhancement of the sentence. The prayer so made in the memo of appeal is quoted as under:

“It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to enhance the sentence of accused respondents No. 2 and 3 and convict the accused respondent No. 3 to 6 who have been acquitted from the charges ignoring the evidence and/or pass such other and further order which this Hon'ble court may deem fit and proper in the circumstances of the case.”

5. By placing reliance on the judgment of Hon'ble Apex Court in the case of Parvinder Kansal vs. State of NCT of Delhi and Another, 2020 (113) ACC 676, Sri Rakesh Dubey submitted that the appeal for enhancement of punishment u/s 372, Cr.P.C. is not maintainable, paragraph no.