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august 2020

Supreme Court of India · 2020-08-28

Parvinder Kansal vs The State Of Nct Of Delhi

Citation / case number
AIR 2020 SUPREME COURT 4044
Court
Supreme Court of India
Petitioner
Parvinder Kansal
Respondent
The State Of Nct Of Delhi
Author
Ashok Bhushan
Bench
Ashok Bhushan, R. Subhash Reddy, M.R. Shah

Judgment text excerpt

The Supreme Court addressed the appeal filed under Section 372 of the Code of Criminal Procedure, 1973, challenging the adequacy of the life sentence imposed under Sections 302, 364A, and 201 IPC for the murder and kidnapping of a child. The Court held that the victim's appeal for enhancement of sentence to death penalty was not maintainable under Section 372, as it only allows appeals in cases of acquittal or lesser offenses, while the State can appeal under Section 377 for inadequate sentences. The High Court's dismissal of the appeal was upheld, reinforcing the distinction between victim and State rights in sentencing appeals.

Parvinder Kansal vs The State Of Nct Of Delhi · Niyam