16 Examine the law relating to appeal in criminal case.

Make a difference
between Appeal & Revision in criminal cases.
INTRODUCTION:-Appeal is an important remedy for person’s dissatisfied from
judgment finding and orders of the trial court. Under section 372 of the Cr.P.C., it
is provided that relation to appeal it is necessary to know that no appeal shall lie
from any judgment or order of a criminal court except as provided by this code or
any other law for time being in force, caseGarikapati v/s Subhash coudhari-
1957. However the provisions regarding making an appeal are the following:-
1. Appeal from orders requiring security or refusal to accept or rejecting
surety for keeping peace or good behavior: - Any person who has been ordered
to give security for keeping the peace or for good behavior or who is aggrieved by
any order refusing to accept or rejecting a surety on the basis ofsec.373.
2. Appeals from Convictions: - According to section 374 of code that any person
convicted on a trial by a H/C in its extraordinary original criminal jurisdiction may
appeal to Supreme Court similar any person convicted by session judge or on a
trial held by any other court which sentence or imprisonment is more than 7 years
may appeal to High court. Case Panchi v/s State of U.P.-1998, In C.Gopinathan
v/s State of Kerala-1991
3. Appeal by State against sentence: - Under sec.377, the state Government may
in any case of conviction on a trial held by any court other than a H/C direct the
Public Prosecutor to present an appeal against the sentence on the ground of its
inadequacy to Court of Session if the sentence is passed by the Magistrate or to the
H/C if the sentence is passed by any other Court. When an appeal is filed against
the sentence on the ground of its inadequacy court shall not enhance the sentence
except after giving to the accused a reasonable opportunity of sowing cause against
such enhancement. Case ofNadir Khan v/s State-1976.
4. Appeal in case of Acquittal :- In an appeal against acquittal undersec.378 the
H/C has full power to review at large the evidence on which the acquittal is based
and to reach the conclusion that the order of acquittal should be reversed as held in
case of Mohandas v/s State of MP-1973, but exercising his power the H/C should
give proper weight and consideration to the view of the trial judge as to the
credibility of witnesses, presumption of innocence in favour of the accused. And a
right of the accused to the benefit of any doubt. It was also held in State of U.P.
v/s Gambir Singh-2005 case of appeal against acquittal if on same evidence two
views are possible, the one in favour of accused must be preferred.
During the hearing of appeal from the order of acquittal it should be taken into
consideration that there is no miscarriage of justice, case Allahrakha K. Mansuri
v/s State of Gujrat-2002. The order of acquittal cannot be dismissed merely on
the ground that a second approach could have been applied in the case and it means
 that the accused could have been convicted on considering another view a case
of Chandra Singh v/s State of Gujrat-2002.
5. Appeal against conviction by H/C in certain cases :-Where an H/C has on
appeal reversed an order of manifest on record of acquittal of an accused person
and convicted him and sentenced him to death or to imprisonment for life or to
imprisonment for a term of ten years or more, he may appeal to the Supreme
Court under sec. 379.
6. Special right of appeal in certain cases:- In Shingara Singh v/s State of
Haryana-2004, 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, under section 380.
7. Appeal to court of session how heard:- Appeal to the court of session shall be
heard by the sessions judges or by ASJ u/s 381.
8. Petition of appeal:-Every appeal shall be made in the form of a petition in writing
presented by the appellant or his pleader u/s 382.
DIFFERENCE BETWEEN APPEAL & REVISION
APPEAL REVISION
1. Any person convicted on a trail held by 1. The correctness, legality or proprietary
H/C may appeal to S/C. of any finding sentence or order of any
lower court.
2. Any person convicted on a trial by a 2. The regularity of any proceedings of
Session judge or on a trial held by any such court.
other court for more than 7 years may
appeal to the High Court
3. Any person convicted on a trial held 3. The powers of revision cannot be used
by metropolitan Magistrate or through interlocutory orders.
Magistrate Ist. Class may appeal to 4. During the hearing of Revision argue of
Session Judge. the person applying for revision should
4. If the appellant is in jail he present his be considered seriously even though it
petition of appeal through Officer I/c they are too brief. Case Pal George v/s
jail. state-02.
5. Pending an appeal by accused person
the appellate court shall suspend the
execution of order of sentence & if he is
in confinement he be released on bail.