Legal experts have stated that the family of a crime victim is not powerless and can approach the High Court to request a sentence enhancement in serious cases. This power is in addition to the state’s legal authority. The family can petition the appellate court for a tougher sentence in heinous crimes. This ensures that victims’ families have a voice in the judicial process.
The family of a crime victim is not helpless and can request the appellate court to increase the sentence in serious cases, along with the state’s legal powers, legal experts said on Monday.
This response follows the comments made by the parents of a victim in the RG Kar hospital rape-murder case.
The parents expressed their dissatisfaction with the trial court’s verdict, which sentenced convict Sanjay Roy to “life imprisonment till death.” They alleged that the investigation conducted “half-heartedly” and that other perpetrators involved in the crime were shielded. The family intends to seek justice from a higher court.
The victim’s mother stated,
“We are shocked. How is this not the rarest of rare cases? An on-duty doctor was raped and murdered. We are dismayed. There was a larger conspiracy behind this crime,”
Senior advocate Ajit Kumar Sinha emphasized that victims can always approach higher courts for sentence enhancement, as this is legally mandated.
Conversely, senior lawyer Gopal Sankaranarayanan suggested that the victim’s family could only do so under specific conditions. He referenced Section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows the victim or their family to appeal in three circumstances: if the accused was acquitted, convicted for a lesser offense, or if inadequate compensation was awarded.
Senior advocate Vikas Pahwa noted that the power of a complainant to challenge a sentence is limited. He explained that a complainant can file a criminal revision petition to contest the trial court’s sentence, which the revisional court can review.
Senior advocate Shoeb Alam clarified that under the BNSS, only the state has the authority to challenge sentences, but he noted that the victim’s family could urge the state to appeal, especially since the prosecutor sought the death penalty in this case.
Also Read: BREAKING | RG Kar Rape: Court Sentenced Sanjoy Roy To LIFE IMPRISONMENT
Advocate Ashwani Kumar Dubey mentioned that according to the BNSS, only the victim has the right to appeal against a conviction for a lesser offense. He added that while any aggrieved person can seek permission to appeal, this right is not explicitly provided in the statute, leaving it to the court’s discretion to consider such requests.
The Kolkata trial court determined that the crime did not meet the “rarest of the rare” criteria, which justified the absence of a death penalty for the convict. The victim’s father declared that the family would continue to fight until all perpetrators are held accountable. The court sentenced Roy to life imprisonment and ordered the state to pay Rs 17 lakh in compensation to the victim’s family.
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