Section 377 of CrPC : Section 377: Appeal by the State Government against sentence.
CrPC
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Explanation using Example
Example 1:
Ravi was convicted by a Magistrate for theft under Section 379 of the Indian Penal Code and was sentenced to six months in prison. The State Government believes that the sentence is too lenient given Ravi's criminal history and the severity of the theft. The State Government directs the Public Prosecutor to appeal the sentence on the grounds of its inadequacy. The Public Prosecutor files an appeal to the Court of Session, arguing that the sentence should be increased to two years. The Court of Session reviews the appeal and, after giving Ravi an opportunity to present his case, decides to enhance the sentence to one year in prison.
Example 2:
Meena was convicted by a Sessions Court for causing grievous hurt under Section 325 of the Indian Penal Code and was sentenced to one year in prison. The State Government feels that the sentence is too light considering the serious injuries inflicted on the victim. The State Government directs the Public Prosecutor to appeal the sentence on the grounds of its inadequacy. The Public Prosecutor files an appeal to the High Court, arguing that the sentence should be increased to five years. The High Court reviews the appeal and, after giving Meena an opportunity to present her case, decides to enhance the sentence to three years in prison.
Example 3:
A case investigated by the Central Bureau of Investigation (CBI) results in the conviction of Rajesh for corruption under the Prevention of Corruption Act. The Magistrate sentences Rajesh to two years in prison. The Central Government believes the sentence is inadequate given the high-profile nature of the case and the amount of money involved. The Central Government directs the Public Prosecutor to appeal the sentence. The Public Prosecutor files an appeal to the Court of Session, arguing for a harsher sentence. The Court of Session reviews the appeal and, after giving Rajesh an opportunity to present his case, decides to enhance the sentence to four years in prison.
Example 4:
Sunita was convicted by a Sessions Court for rape under Section 376 of the Indian Penal Code and was sentenced to seven years in prison. The State Government believes the sentence is too lenient given the brutality of the crime. The State Government directs the Public Prosecutor to appeal the sentence on the grounds of its inadequacy. The Public Prosecutor files an appeal to the High Court. The High Court reviews the appeal and, after giving Sunita an opportunity to present her case, decides to enhance the sentence to ten years in prison. Since the appeal was filed under Section 376, the High Court ensures that the appeal is disposed of within six months from the date of filing.