ASHOK KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Additional Public Prosecutor for the State on the point of admission.

(2.) The present appeal has been filed by appellant, who is informant in Gardanibagh P.S. Case No. 177 of 2009 corresponding to S.T. No. 1204 of 2010, against the sentence order dated 31.5.2019 on the ground that inadequate sentence has been awarded to respondent Nos. 2 and 3 and also inadequate compensation has been given to the appellant.

(3.) The proviso of Section 372 of Code of Criminal Procedure gives right to victim to prefer an appeal against any order passed by the court acquitting the accused or convicting for a lessor offence or imposing inadequate compensation. The aforesaid proviso does not say about the enhancement of sentence. Section 377 of the Code of Criminal Procedure gives right to State Government to prefer an appeal against inadequate sentence. The proviso of Section 372 of Code of Criminal Procedure clearly shows that the victim has no right to file the appeal for enhancement of sentence. However, the victim has right to file appeal against inadequate compensation.