Victim May Seek Enhancement Of Accused Sentence By Filing Revision Application: Bombay HC .
📌 Principle Laid Down by Bombay High Court
The Bombay High Court has clarified that a victim of crime has the right to approach the court for enhancement of the sentence awarded to the accused by filing a criminal revision application.
This principle is based on the recognition of the victim’s participatory rights in criminal proceedings, which are protected under the Code of Criminal Procedure, 1973 (CrPC) as amended in 2009.
⚖️ Legal Basis
Section 397 CrPC – This provision empowers the High Court and Sessions Court to call for and examine the record of any proceeding for the correctness, legality, or propriety of a finding, sentence, or order.
Hence, if the sentence appears too lenient or not proportionate to the gravity of the offence, the court can enhance it.
Section 401 CrPC – This grants revisional powers to the High Court. It can correct an error or illegality committed by subordinate courts, including modifying or enhancing the sentence.
Victim’s Right to Appeal (Section 372 Proviso, CrPC) – Inserted in 2009, this provision allows a victim to appeal against:
Acquittal of the accused,
Conviction for a lesser offence, or
Inadequate compensation.
📚 Important Case Laws
Bombay High Court (Recent Ruling)
Held that a victim can file a revision petition for enhancement of sentence, even if the State has not challenged it.
The rationale: justice should not be denied merely because the prosecution fails to act.
Akkamahadevi v. State of Karnataka (Karnataka HC, 2012)
Recognized the victim’s locus standi in criminal proceedings.
Stated that victims can question inadequate sentences by invoking revisional powers of the High Court.
K. Ramachandran v. V.N. Rajan (SC, 2009)
The Supreme Court emphasized that revision jurisdiction can be exercised to ensure justice, particularly in cases of grossly inadequate sentencing.
State of Rajasthan v. Sohan Lal (SC, 2004)
The Supreme Court observed that sentencing must reflect the seriousness of the crime; courts should intervene if punishment is unduly lenient.
📝 Significance of the Ruling
Empowers Victims: Victims are no longer dependent only on the State for challenging a light sentence.
Checks Judicial Discretion: Ensures that sentencing discretion is not misused or exercised arbitrarily.
Promotes Fairness: Balances the rights of the accused with the rights of victims to seek proportional justice.
✅ In summary:
The Bombay High Court has ruled that a victim can independently approach the court for enhancement of an accused’s sentence by filing a revision application under Sections 397–401 CrPC. This strengthens victim rights and ensures that justice is not compromised due to prosecutorial inaction.
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