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AMITY UNIVERSITY

“Procedure for Appeal under CrPC”

DATE OF SUBMISSION:

24/04/2019

SUBMITTED TO:

MR. Mayur Choudhary

SUBMITTED BY:

Arya Choudhary

COURSE: BA.LLB

SEMESTER: 4TH
ACKNOWLEDGEMENT

I Arya Choudhary of BA LLB(H.) would like to acknowledge my teacher, Mr. Mayur


Choudhary for providing me an opportunity to do the project work on the topic “Procedure for
Appeal under CrPC” and giving me all support and guidance which facilitated me to complete
the project in time. I am extremely thankful to her for providing such a nice support and
guidance, although she had busy schedule.

The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely privileged to have got this all along the completion of my
project. All that I have done is only due to such supervision and assistance and I would not forget
to thank them.

Many people, especially my classmates have made valuable comment suggestions on my paper
which gave me an inspiration to improve the quality of the assignment.

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LIST OF ABREVIATIONS:

S. no Abbreviation Full form


1.) AIR All India Reports
2.) SC Supreme Court
3.) SCC Supreme court Cases
4). U.P. Uttar Pradesh
5.) v. Versus

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INDEX OF AUTHORITIES:

BOOKS AND COMMENTARIES:

1. CRIMINAL PROCEDURE, R.V.KELKAR

CASES:

1. Arun Kumar V. State of Uttar Pradesh


2. Bani Singh V. State of U.P.
3. Ishvarbhai Fuljibhai Patni V. State of Gujarat

4. Kapil Deo Shukla V. State of U.P.


5. Sanwat Singh V. State of Rajasthan
6. Satya Pal Sigh V. State of Madhya Pradesh.
7. Sheo Swarup V.King Emperor
8. State of Haryana V. Ram Lal.
9. U.J.S.Chopra V. State of Bombay

ONLINE MEDIUM:

1. https://blog.ipleaders.in/appeal-reference-and-revision-under-crpc/

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TABLE OF CONTENTS:

INTRODUCTION--------------------------------------------------------------------------------------------7

1). APPEALS TO THE SUPERIOR COURTS----------------------------------------------------------7

2).PROCEDURE FOR DEALING WITH AN APPEAL---------------------------------------------9

(2.1) DISMISSAL OF APPEALS---------------------------------------------------------------10

(2.2) IF APPEALS NOT DISMISSED SUMMARILY--------------------------------------11

(2.3) POWERS OF THE APPELLATE COURT IN DISPOSING OF APPEALS-----12

(2.4) PROCEDURE WHERE THE JUDGES OF THE HIGH COURT BENCH ARE
EQUALLY DIVIDED-----------------------------------------------------------------------------13

CONCLUSION-----------------------------------------------------------------------------------------14

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RESEARCH METHODOLOGY:

This project is largely based on secondary & electronic sources of data. Books, case laws,
journals & other reference as guided by faculty were primarily helpful for the completion of this
project. The research work is a descriptive and analytical study.

RESEARCH QUESTION

 The objective of this research is to analyze the procedure for Appeals given under CrPC..

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INTRODUCTION:

Sometimes it may happen that the person who is convicted has a doubt about the judgment
passed by the court and thinks that the judgment was either faulty or there were some unheard
facts about the case that could change the judgment in favor on the convicted person, in that case
what he can do is go for a review in the court either by the way of ‘Appeal’ or ‘revision’. But
since my topic wholly focuses on the “Procedure for appeals under CrPC.”, therefore we will
move in the direction of reviewing the judgment of the court by the way of Appeal.

According to Black’s law dictionary, “an Appeal is a complaint to a superior court of an


injustice done or error committed by an inferior court, whose judgment or decision, the court
above is called upon to correct or to reverse.”

The Code provides for the provisions for Appeal under sec.341 of CrPC and Chapter XXIX
(sec.372-394). According to sec341, it defines Appeal as:

(1). Any person on whose application any Court other than a High Court has refused to make a
complaint under sub- section (1) or sub- section (2) of section 340, or against whom such a
complaint has been made by such Court, may appeal to the Court to which such former Court is
subordinate within the meaning of sub- section (4) of section 195, and the superior Court may
thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the
case may be, making of the complaint which such former Court might have made under section
340, and if it makes such complaint, the provisions of that section shall apply accordingly.
(2). An order under this section, and subject to any such order, an order under section 340, shall
be final, and shall not be subject to revision.

1. APPEALS TO THE SUPERIOR COURTS

Any person convicted for an offence may appeal in accordance with the provisions provided in
CrPC. Furthermore, if two or more persons are convicted for the same offence in one trial, any or

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all of them are entitled to prefer an appeal, then according to sec 380 all or any of them have the
right of appeal.

In the case of Satya Pal Sigh v. State of Madhya Pradesh1, the Hon’ble Supreme Court held that
the father of the deceased has a locus standi to present an appeal to the High Court under the
proviso of Section 372, as he falls within the definition of “victim”, to question the correctness of
judgment and order of an acquittal of accused.

Generally, same sets of rules and procedures are employed to govern the appeals in the Sessions
Courts2 and High Courts. The highest court of appeal in the country is the Supreme Court and
hence, it enjoys the most extensive discretionary and plenary powers in the cases of appeals. Its
powers are largely governed by the provisions laid down in CrPC, Indian Constitution, and the
Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970.

The law provides a person who has been convicted of a crime to appeal to the Supreme Court or
the High Court or the Sessions Court as per the circumstances.3 In the case of Arun Kumar v.
State of Uttar Pradesh4, the Hon’ble Supreme Court held that if the High Court found that the
view taken by the Sessions Judge to acquit the appellants was manifestly wrong, moreover, it
even led to miscarriage of justice, therefore, the High Court was correct in setting aside this
acquittal and convicting them.

The State Government has been empowered to direct the Public Prosecutor to appeal against the
sentence on the grounds of inadequacy to either the Sessions Court or the High Court, however
in only those cases where the trial for conviction has not been held by the High Court. 5
Moreover, it is mandatory for the Court to give the accused a reasonable opportunity to show
cause against any enhancement of the sentence in the interest of justice. The accused has the
right to plead for his acquittal or a reduction in the sentence while showing cause.

1
Criminal appeal no.547 of 2013
2
Sec.381 CrPC,1973
3
Sec.374 CrPC,1973
4
AIR1989 SC1445
5
Sec.377 CrPC,1973

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Similarly, the District Magistrate, and the State Government have the powers to direct the Public
Prosecutor to present an appeal in case of an acquittal to Court of Sessions, and the High Court,
respectively, subject to certain conditions.6 A two-Judge bench of the Hon’ble Supreme Court in
case of Satya Pal Singh vs State of Madhya Pradesh7, held that the victim cannot file an appeal
against an order of acquittal without obtaining the leave of the High Court.

The accused has been given the right to appeal to the Supreme Court against the judgment of the
High Court if the High Court has reversed an order of his acquittal on appeal by convicting him,
thereby, sentencing him to imprisonment for life or for ten years or more, or to death penalty.8A
similar right to appeal has been granted to one or all accused persons if more than one person
have been convicted in a trial and such order has been passed by the court.9

2. PROCEDURE FOR DEALING WITH APPEAL

According to section 382 of CrPC, it prescribes the process for the filling of the petition of
Appeal in the superior court. A petition of appeal shall be submitted in writing by the appellant
or by his pleader and every such petition unless not specifically said by the appellate court, be
accompanied by order and judgment in against which the appeal is made. Also if the appellant is
in the jail he can file up the petition of appeal along with the documents of the case asked to the
officer-in-charge of the jail who will then forward it to the Appellate Court.10

In case where all or any one of them has the problem with the judgment, he/they can file petition
for appeal to the appellate court. In case of State of Haryana V. Ram Lal11, the court held that
one appeal of convictions in six cases cannot be competent.

6
Sec.378 CrPC,1973
7
Criminal appeal no.690 of 2017
8
S.379 of Crpc,1973
9
S.380 of CrPC,1973
10
Sec.383 of CrPC,1973.
11
1992 CriLJ 2482(P&H).

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Also to be noted, in the memorandum of appeal, a statement should be presented to declare on
what grounds the appeal is made before the Appellate Court12 (though not specifically mentioned
in the code).

(2.1). DISMISSAL OF APPEALS

Section 384 deals with the dismissal of Appeals. It says that:

(1) If upon examining the petition of appeal and copy of the judgment received under section 382
or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it
may dismiss the appeal summarily: Provided that-

(a) no appeal presented under section 382 shall be dismissed unless the appellant or his
pleader has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 383 shall be dismissed except after giving the
appellant a reasonable opportunity of being heard in support of the same, unless the
Appellate Court considers that the appeal is frivolous or that the production of the
accused in custody before the Court would involve such inconvenience as would be
disproportionate in the circumstances of the case;

(c) no appeal presented under section 383 shall be dismissed summarily until the period
allowed for preferring such appeal has expired.

(2) Before dismissing an appeal under this section, the Court may call for the record of the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of
the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 383 has been dismissed summarily under this
section and the Appellate Court finds that another petition of appeal duly presented under section
382 on behalf of the same appellant has not been considered by it, that Court may,
notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests
of justice so to do, hear and dispose of such appeal in accordance with law.

12
Kapil Deo Shukla V. State of U.P., AIR 1958 SC 121.

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The power of the dismissal of Appeal should be exercised judicially and with great care, because
the summary of Appeal is as much adjudication as an order of dismissal after the full hearing so
far as the accused is concerned13.

In case of Bani Singh V. State of U.P.14, the Supreme Court held that the appellate court does not
have any right to dispose an appeal on the sole reason of absence of Appellant or his pleader.
They can only dispose of an appeal after perusing the record and the judgment of the trial court.
Also, if the appellant is in jail and for some reason his lawyer is unable to represent him before
the court and the court views it as an important appeal that needs to be heard then the court can
be adjourned and fix another date and time to facilitate the appearance of the appellant if his
lawyer is not present.

(2.2) IF APPEALS NOT DISMISSED SUMMARILY

Section 385 deals with the procedure for hearing appeals not dismissed summarily.

(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time
and place at which such appeal will be heard to be given-

(i) to the appellant or his pleader;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to
the complainant;

(iv) if the appeal is under section 377 or section 378, to the accused, and shall also
furnish such officer, complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not already
available in that Court, and hear the parties: Provided that if the appeal is only as to the extent or
the legality of the sentence, the Court may dispose of the appeal without sending for the record.

13
U.J.S.Chopra V. State of Bombay, AIR 1955 SC 633.
14
(1996) 4SCC 720.

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(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence,
the appellant shall not, except with the leave of the Court, urge or be heard in support of any
other ground.

(2.3) POWERS OF THE APPELLATE COURT IN DISPOSING OF APPEALS

Section 286 deals with the power of the Appellate court in disposing of Appeal. It states that:
After perusing such record and hearing the appellant or his pleader, if he appears, and the Public
Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused,
if he appears, the Appellate Court may, if it considers that there is no sufficient ground for
interfering, dismiss the appeal, or may-

(a) in an appeal from an order or 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 be, or find him
guilty and pass sentence on him according to law;

(b) in an appeal from a conviction-

(i) 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

(ii) alter the finding, maintaining the sentence, or

(iii) 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-

(i) 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

(ii) alter the finding maintaining the sentence, or

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(iii) 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 an 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.

In case of Sanwat Singh V. State of Rajasthan15, the Supreme Court has laid down three
principles as to exercise the powers of the Appellate Court. The first principle is that the
appellate court has full powers to review the evidence upon which the order of acquittal is
founded. Secondly as principle laid down in Sheo Swarup V.King Emperor16, it requires that the
appellate court should give proper weight and consideration to such matters like the view of the
trial judge as to the credibility of the witnesses, the presumption of innocence in favor of the
accused, the right of the accused to the benefit of doubt, and slowness of an appellate court in
disturbing the finding of the facts arrived at by the judge who had advantage of seeing the
witnesses. Thirdly, the appellate court in coming to its conclusion should not only consider every
matter on record having a bearing on the questions of the facts and the reasons given by the court
below in support of its order of acquittal, but should also express those reasons to hold that the
acquittal was not justified.

(2.4) PROCEDURE WHERE THE JUDGES OF HIG COURT BENCH ARE EQUALLY
DIVIDED

In case where the appeal is heard by a bench of High Court and the Judges gets equally divided
in respect of the judgment of the Appeal, the appeal will be presented in front of another judge of

15
AIR 1961 SC 715
16
AIR 1934 PC 227

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the High Court along with the conflicting opinions of the judges and after hearing all the points,
whatever the judgment or order is given by the judge it will duly followed by the court.17

Also if the judge of the bench or the appeal is laid before another judge, and that judge requires a
rehearing of the appeal then it must be reheard and decided by a larger bench of judges18.

CONCLUSION

It can thus be clearly seen that through the process of appeals, a person gets an opportunity to get
any legal, or factual error in an order or judgment corrected. Nevertheless, appeals against any
judgment, or order, or sentence of a criminal court can only be preferred when it has been
specifically provided in the statutes. Thus, the right to appeal can only be exercised within the
limits laid down by CrPC or any other law which is in force and hence, this is a constricted right.
As far as the decision to appeal is considered, it is discretionary except in cases when an accused
person has been sentenced to death by Sessions Court. Not only this, there are certain cases as
well in which appeal is not allowed at all, in fact the judgment, or order, or sentence delivered by
the criminal court will attain finality.19

17
Sec 392 of CrPC, 1973; Ishvarbhai Fuljibhai Patni V. State of Gujarat (1995) 1SCC 178
18
Proviso to S.392
19
https://blog.ipleaders.in/appeal-reference-and-revision-under-crpc/

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