Appeal against conviction and acquittal section 372-394 and important question for Exam

Appeal against conviction and acquittal section 372-394 and important question for Exam
SECTION 372 provides, no appeal lies except otherwise provided by the Code or by any other law for the time being in force. Under Articles 132, 134 and 136 of the Constitution of India, it may be possible to present an appeal to the Supreme Court against the order of acquittal passed by the High Court.

SECTION 373 – APPLIES TO APPEALS FROM 

Orders requiring security for keeping peace or good behavior and

Against order refusing to accept or rejecting to accept or rejecting a surety under s. 121. 

The appeal lies to Court of Session, except, of course, in cases where under sub-s. (2) Or (4) of S. 122, the proceedings are already laid before the Session J

An appeal from an order of acquittal must be filed within the period of limitation prescribed by Article 114 of the Schedule of the Limitation Act, 1963. For the extension of the period of limitation, and for exclusion of time in computing the period of limitation, Sections 5 and 12 of the Limitation Act, 1963 would be useful.

NO RIGHT OF APPEAL

Section 375 and 376 bar appeals in certain cases, though a provision of Revision is maintainable. Thus no appeal shall lie-

Where a High Court passes a sentence of imprisonment not exceeding six months or fine not exceeding one thousand rupees or both;

Where a Court of Session or a Metropolitan Magistrate passes a sentence of imprisonment not exceeding three months or fine not exceeding two hundred rupees or both;

Where a Magistrate of the First C

The Appellate Court must always give proper weight and consideration to the findings of the trial court. If two reasonable views can be reached – one that leads to acquittal, the other to conviction – the High Court’s/appellate courts must rule in favour of the accused.

POWERS OF APPELLATE COURT IN APPEAL AGAINST ACQUITTAL

In Chandrappa & Others v. State of Karnataka [6], Supreme Court held:

An appellate court has full power to review, re-appreciate and reconsiders the evidence upon which the order of acquittal is founded.

The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on the exercise of such power and an appellate court on the evidence before it may reach

POWERS OF APPELLATE COURT

SECTION 386 Of the Code specifies powers of the appellate court. It provides that after persuing the record and after hearing the parties, the court may dismiss the appeal, allow the appeal or pass any other order that may appear to it be just and proper.

It includes appeal –

Against Acquittal

Against conviction

For enhancement of sentence

From other orders

Clause (d) of section 386 applies to all orders other than that of conviction, or of acquittal, or for enhancement of sentence. The power which the appellate court possess is of alteration or reversal of the order of the lower court.[12] According to Section 386(e) of the Code, the appellate Court may make any amendment or

[2] Akalu v. Ram Deo, AIR 1973 SC 2145

[3] Appeal (crl.) 320  of  2001

[4] Bachan Singh v. State of Punjab, AIR 1980 SC 267

[5] AIR 1963 SC 200

[6] (2007) 4 SCC 415

[7] AIR 1964 SC 286

[8] Chandra Mohan Tiwari v. State of Madhya Pradesh, AIR 1992 SC 891.

[9] Vijaybhai Bhanabhai Patel v. Navnitbhai Nathubhai Patel, (2004) 10 SCC 583.

[10] Tar

[KHAQI]

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