MUKESH JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. Mr. Sinha, learned counsel appearing for the petitioner submits that the petitioner had been put on trial for an offence under Section 376/511 of the Indian Penal Code. The petitioner was convicted, vide judgment dated 26.2.2014. Thereupon, the court for the purpose of hearing on the point of sentence issued notice to the victim girl through her mother and father, vide its order dated 28.2.2014. That order has been challenged.

(2.) According to Mr. Sinha, there has been no provision in the Code for issuance of notice to the informant/victim for the purpose of hearing on the point of sentence which the court has even in its order has recorded it but the court, keeping in view the definition of the victim defined under Section 2(wa) and also proviso to Section 372 of the Code of Criminal Procedure under which right has been vested with the victim to prefer an appeal against the order of acquittal, has issued notice but those two provisions are not at all relevant for the purpose to hear the victim on the point of sentence and therefore, the court committed illegality in issuing notice for hearing the victim on the point of sentence.

(3.) There has been no denying of the fact that the Code does not contain any provision giving right to the victim to be heard on the point of sentence and therefore, it can safely be said that the victim does not have any right to be heard on the point of sentence.