Showing posts with label Section 374(3)(a) of CRPC. Show all posts
Showing posts with label Section 374(3)(a) of CRPC. Show all posts

Thursday, 29 August 2019

Whether appeal from conviction given by assistant session Judge lie to session court?

On perusal of the impugned judgment and order it reveals that the aforesaid order was passed by learned Assistant Sessions Judge and the Section 374(3)(a) of the Code provides that the appeal from convictions given by the learned Assistant Sessions Judge will lie to the Court of Sessions. Although, the present appeal is not intended against the order of conviction but the same provision have to follow as regards the forum to whom the appeal lies. Obviously, against the order of the learned Assistant Sessions Judge appeal will not lie to the High Court by skipping the forum.

In the High Court of Gauhati
(Before Rumi Kumari Phukan, J.)

Akhtar Mirza v. State of Assam
Crl.L.P 136/2018

Decided on May 14, 2019
Citation: 2019 SCC OnLine Gau 2295 : (2019) 6 Gau LR 386
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