An appeal is a procedure through which the aggrieved person can challenge the Order/Judgment given by the Trial Court in the higher court/Appellant court. The aggrieved party appraises the higher court with the facts not appreciated by the lower court. During the appeal the facts pleaded in higher court are the same facts brought up in the lower court. No new facts shall be pleaded during the proceedings of an appeal.
The right to appeal is available only for limited sections mentioned under Cr.P.C. The right to appeal is provided under section 372 to 394 of Cr.P.C. Under Article 132, 134 & 136 of the Constitution of India, an appeal shall be made to the Supreme Court against the order of the High Court.
In an appeal is a necessity to prove the legal error. If the court finds that there has been material legal error made in the order/judgment, the same shall partly/completely set aside by the Appellate court in the favor of the aggrieved person. Also if the Appellant court is not convinced and denies the appeal, the order or judgment of the lower court shall stand still.
Right to Appeal against Conviction
A
defendant/accused has a right to appeal against order of conviction passed by a lower court in the higher/appellate court. If the conviction arises from the guilty plea of the defendant, then he automatically loses his right to appeal.
An appeal against conviction shall be made under section 374 of Cr.P.C.
Section 374- Appeals from convictions
(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years [has been passed against him or against any other person convicted at the same trial], may appeal to the High Court.
(3) Save as otherwise provided in sub- section (2), any person,-
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session.
The above mentioned section defines the hierarchy of courts where the appeal shall lie, in case of conviction. In a case where more than one person or several persons are convicted in a single trial held in the Sessions Court, it is not necessary that each person shall file an appeal on their behalf, a joint appeal can also be filed by them in the High Court.
When an appeal is disposed off, the appellant court should specify the reason for the same, so that when the aggrieved party appeals to the higher court, the higher court should be aware of the reason of disposal by the court below.
Right to Appeal against Acquittal
It is the right given to the victims to appeal against the acquittal of the accused. It gives the victim access to right to redress and mechanism of justice through a legal procedure.
Section 378-Appeal in case of acquittal
(1) Save as otherwise provided in sub- section (2) and subject to the provisions of sub- sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court 2 or an order of acquittal passed by the Court of Session in revision.]
(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub- section (3), to the High Court from the order of acquittal.
(3) No appeal under sub- section (1) or sub- section (2) shall be entertained except with the leave of the High Court.
(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
(5) No application under sub- section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.
(6) If in any case, the application under sub- section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub- section (1) or under sub- section (2).
An appeal against acquittal shall be filed within the limitation period mentioned under Article 114 of the Schedule of the Limitation Act.
While considering the appeal against acquittal the following things should be considered:
- Relevance of the facts bought up by the appellant.
- Reliability of the witness examined.
- Keeping up the presumption of innocence of the accused person.
- Presence of any reasonable doubt of any guilt in the accused person as a right of the accused.
- Usage of the power of review and reconsidering the evidence on the basis of which acquittal is granted.
- Focusing on sufficient and firm grounds following the distorted conclusions.
- If any double presumption is present, it is in the favor of the accused person.
- If there is a presence of 2 conclusions, the benefit should be averted to the accused person.
If there is absence of reasons and findings, no appropriate testimonies or evidences, the appeal shall be liable to be dismissed.
CONCLUSION
Acquittal and conviction both can be subjected to appeal. Proven ‘not guilty’ is the end of a case, but yet its conclusion can be challenged through appeal.
Criminal Appeal against conviction is a tool used by an accused to point of the legal error committed by the lower court. It isn’t a new trial but the review of a trial conducted by the lower court which has lead to the conviction of the accused.
Acquittal is based on the probability of the facts of the case as well as on the admissibility of relevant evidence brought up in the trial court. Moreover some acquittals are not merit based but are due to lack of investigation, lack of evidence, non-appreciation of evidence and even lack of knowledge of the presiding officer of the court.
