The
term appeal signifies the right of carrying a particular case from an
inferior to a superior court with a view to ascertaining whether
judgment of lower court is sustainable.
S
372 of CRPC. No
appeal to lie unless otherwise provided :-No
appeal shall lie from any judgment or order of a criminal court
except as provided for by this code or by any other law for the time
being in force:
Provided that the victim
shall have a right to prefer an appeal against any order passed by
the court acquitting the accused or convicting for a lesser offence
or imposing inadequate compensation,and such appeal shall lie to the
court to which an appeal ordinarily lies against the order of
conviction of such court.[ Inserted by Amendment Act 2008]
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S
374. Appeals from conviction:-
Sub S 3.
An appeal lies to
session court by-
1) any person convicted on
trial held by metropolitan
magistrate or an assistant session judge or a first class magistrate;
2)
Any person sentenced under S 325(viz in the case of an accused where
the magistrate is of opinion that he cannot pass a sentence which is
sufficiently severe and therefore submits the entire proceedings to
chief judicial magistrate);
3) Any person in respect of
whom an order has been made or a sentence has been passed under S 360
by any magistrate (that is an order releasing a person on probation
or after admonition).
S
375. No appeal in certain cases when accused pleads guilty:-
Where an accused person has
pleaded guilty and has been convicted on such plea, there shall be no
appeal,-
a) if conviction is by high
court;or
b) if conviction is by a court
of session, metropolitan magistrate of magistrate of first
class,except to the extent or legality of the sentence.
S
376. No appeal in petty cases:-
There shall be no appeal by a
convicted person in any of the following cases, namely :-
b) Where a court of session or
metropolitan magistrate passes only a sentence of imprisonment for a
term not exceeding three months or of fine not exceeding two hundred
rupees or of both such imprisonment and fine;
c) Where a magistrate of first
class passes only a sentence of fine not exceeding one hundred
rupees; or
d) Where in a case tried
summarily, a magistrate empowered
to act under S 260 passes only a sentence of fine not exceeding two
hundred rupees;
Provided
that an appeal may be brought against any such sentence if any other
punishment is combined with it ,but
such sentence shall not be appealable merely on the ground-
1)
that the person convicted is ordered to furnish security to keep
peace;or
2) that a direction for
imprisonment in default of payment of fine is included in the
sentence; or
3) that more than one sentence
of fine is passed in the case, if the total amount of fine imposed
does not exceed the amount mentioned
above.
S
377. Appeal by state government against sentence :-
1) State government may in any
case of conviction on trial held by any other court than a high court
direct public prosecutor to present an appeal against the sentence on
the ground of its inadequacy-
a) to
the court of session,if sentence is passed by the magistrate;and
b) to the high court, if
sentence is passed by any other court.
3) When an appeal has been
filed against the sentence on the ground of its inadequacy, the court
of session or the high court shall not enhance the sentence except
after giving to the accused reasonable opportunity of showing cause
against such enhancement abd while showing cause, the accused may
plead for his acquittal or for reduction of the sentence.
S 378. Appeal in case of
acquittal:-
1) (a) District magistrate may
direct the public prosecutor to present an appeal to court of session
from an order of acquittal passed by a magistrate in respect of a
cognizable and non-bailable offence;
b) State government may direct
public prosecutor to present an appeal to high court from an original
or appellate order of an acquittal passed by any court other than
high court[ not being an order under clause (a) or an order of
acquittal passed by the court of session in revision]
4) If such an order of
acquittal is passed in any case instituted upon complaint and high
court on an application made to it by the complainant in this behalf,
grant special leave to appeal from the order of acquittal,the
complainant may present an appeal high court.
5) No application under sub s.
4 for grant of special leave to appeal from an order of acquittal
shall be entertained by high court after expiry of six months, where
complainant is a public servant, and sixty days in every other
case,computed from the date of order of acquittal.
6) If in any case, the
application under Sub S (4) for grant of special leave to appeal from
an order of acquittal is refused, no appeal from the order of
acquittal shall lie under Sub S (1).
S
380. Special right of appeal in certain cases:-
When more persons than one are
convicted in one trial, and an appealable judgment or order has been
passed in respect of any of such persons, all or any of the persons
convicted at such trial shall have right of appeal.
S
381. Appeal to session court how heard:-
S 382. Petition of appeal:-
Copy of judgment be annexed.
S 383. Procedure when
appellant in jail:- Appeal to be submitted through proper of
officer of jail.
S 384. Summary dismissal of
appeal:-
Appeal may be dismissed
summarily,
a) after hearing appellant or
his pleader.
b) after hearing appellant who
is in jail.
c) No appeal presented under S
383 shall be dismissed summarily until period allowed for preferring
such appeal has expired.
2) before dismissing an appeal
under this section, the court may call for the records of the case.
3) Where the appellate court
dismissing an appeal under this section is a court of session or of
chief judicial magistrate,it shall record its reasons for doing so.
4) appeal filed by appellant
who is in jail is dismissed, another appeal filed by him is if
pending,Court shall decide such appeal in accordance with law.
S
385.Procedure for hearing appeals not dismissed summarily:-
1) court shall issue notice
to,
a) Appellant or his pleader,
b) officer of state
government,
c) complainant if appeal is
from judgment of conviction in a case instituted upon complaint.
d) if appeal is under S 377 or
S378 to accused,
2) Court shall call record of
case,and hear the parties,
Calling of record is not
necessary if appeal is only to the extent or legality of sentence.
3) Where the only ground for
appeal from conviction is alleged severity of sentence,the appellant
shall not except with the leave of court urge or be hear in support
of any other ground.
S 386. Powers of appellate
court:- Appellate court may dismiss appeal or may-
a) in an appeal from an
order of acquittal, reverse such order and direct that further
inquiry be made, or that the accused be re-tried or committed for
trial,as the case may, or find him guilty and pass sentence on him
according to law;
b) in an appeal from
conviction-
1) reverse the finding and
sentence and acquit or discharge the accused, or order him to be
re-tried by a court of competent jurisdiction subordinate to such
appellate court or committed for trial,or
2) alter the finding,
maintaining the sentence,or
3) with or without altering
the finding, alter the nature or the extent, or the nature and extent
of the sentence,but not so as to enhance the same;
c) in an appeal for
enhancement of sentence-
1) reverse the finding and
sentence and acquit or discharge the accused or order him to be
re-tried by a court competent to try the offence,or
2) alter the finding
maintaining the sentence,or
3) with or without altering
the finding, alter the nature or the extent, or the nature and extent
of the sentence, so as to enhance or reduce the same;
d) in any appeal from any
other order,alter or reverse such order;
e) make any amendment or any
consequential or incidental order that may be just or proper.
Provided that the sentence
shall not be enhanced unless the accused has had an opportunity of
showing cause against such enhancement;
Provided further that the
appellate court shall not inflict greater punishment for the offence
which in its opinion the accused has committed,than might have been
inflicted for that offence by the court passing the order or sentence
under appeal.
S
387. Judgments of subordinate appellate court:-
Rules as to judgment of
original criminal court shall apply to Judgments of subordinate
appellate court.
Provided that unless
appellate court otherwise directs, the accused shall not be brought
up, or required to attend to hear judgment delivered.
S 388.Order of high court on
appeal to be certified to lower court
S
389.Suspension of sentence pending the appeal;release of appellant on
bail:-
1) Pending any appeal by a
convicted person, the appellate court may for reasons to be recorded
by it in writing ,order that execution of sentence be suspended
against the person,and also that he be released on bail or on his own
bond, if he is in confinement.
However before releasing the
convicted person on bail or on his own bond,if such a person is
convicted of an offence punishable with death or life imprisonment or
for a term of not less than ten year,the appellate court must give an
opportunity to public prosecutor to show cause in writing against
such release. Where the convicted person is released on bail, the
public prosecutor can also file an application for cancellation of
bail.
It
the convicted person satisfies the court by which he is convicted
that he intends to present the appeal,the court must in two cases,
order that the convicted person be released on bail(unless there are
special reasons for refusing bail),for such period of time as would
afford sufficient time to present the appeal. These two cases are:
a) where such a person who is
already on bail, is sentenced to imprisonment for a term not
exceeding three years; or
b) where the offence for which
the person has been convicted is a bailable offence and he is on
bail. Where in such a case, the appellant ultimately sentenced to
imprisonment, the time during which he was released to be excluded in
computing the term for which he is sentenced.
D
390. Arrest of accused in appeal from acquittal:-
When an appeal is presented
under S 378,the high court may issue a warrant directing that the
accused be arrested and brought before it or any subordinate
court,and the court before which he is brought may commit him to
prison pending the disposal of appeal or admit him of bail.
S
391. Appellate court may take further evidence or direct it to be
taken :- Appellate court has
power to take additional evidence,if it considers it necessary to do
so for reasons to be recorded by it in writing. The appellate court
may take such additional evidence either by itself,or direct it to be
taken by a magistrate.
S
393. Finality of judgments and orders on appeal :-
Judgments
and order passed by an appellate court upon an appeal shall be
final,except in the case provided for in section 377,S
378, Sub-Section(4) of S 384 or chapter 30.
Provided that notwithstanding
the final disposal of an appeal against conviction in any case, the
appellate court may hear and dispose of, on the merits,-
a) an appeal against acquittal
under section 378,arising out of the same case,or
b) an appeal for enhancement
of sentence under section 377,arising of same case.
S
394. Abatement of appeals :-
1) It provides that every
appeal filed by state government against a sentence under section
377,or against the acquittal of a person under section 378 finally
abates on the death of the accused.
2) Every other appeal under
this chapter(except an appeal from a sentence or fine) shall finally
abate on the death of appellant.
Provided that where appeal is
against a conviction and sentence of death or of imprisonment,and the
appellant dies during the pendency of appeal,any of his near
relatives may within thirty days of death of appellant apply to
appellate court for leave to continue the appeal; and if leave is
granted,the appeal shall not abate.
Explanation:- In this
section,near relative means a parent,spouse,lineal descendant brother
or sister.
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