Code of Criminal Procedure, 1973–Sec. 372 [ Corresponding Sec. 413 of BNSS, 2023 ]–Scope–The right of appeal in criminal matters is entirely statutory and must be traced to the provisions of Cr.P.C.–The Proviso to Sec. 372 confers a limited right upon a victim to prefer an appeal only against an order of acquittal, conviction for a lessr offence, or imposition of inadequate compensation–A benefit of probation does not fall within the ambit of any of these categories–An order granting probation is a part of the sentencing process following conviction and cannot be equated with an acquittal or a conviction for a lessor offence–The Proviso does not confer a private complainant a general right to seek enhancement of sentence–Such power vests exclusively in the State u/s. 377 Cr.P.C.–Judgment of the Appellate Court suffers from a fundamental jurisdictional error–Quashed and set aside.
