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Supreme Court of India 2020-08-28 dismissed

Parvinder Kansal vs State of NCT of Delhi & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A father of a kidnapped and murdered child sought to appeal for enhancement of his son's killer's sentence from life imprisonment to death penalty. He argued that the victim's right to appeal under Section 372 of the Code of Criminal Procedure should extend to challenging inadequate sentences. The Supreme Court dismissed the appeal, holding that a victim's appeal rights are strictly limited by statute to three situations: acquittal, conviction for a lesser offence, or inadequate compensation. Enhancement of sentence is exclusively the State's prerogative under Section 377. The Court confirmed that appeal rights exist only as provided by statute.

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Criminal Procedure Appellate Jurisdiction Victim Rights Sentencing Code of Criminal Procedure Statutory Interpretation

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