RAJIV GANDHI NATIONAL UNIVERSITY OF LAW

PATIALA

CRPC FINAL DRAFT

TOPIC- APPEAL FROM CONVICTIONS

CODE OF CRIMINAL PROCEDURE 1973

Submitted by: - Submitted to: -

Dewang Shrivastava Dr. Shruti Goyal

Roll no: - 19118 Assistant Professor of Law

1|Page
 AKNOWLEDGEMENT

This project would not have been possible without the help and guidelines of
some respected persons, who deserve my greatest gratitude. The completion of
this assignment gave me immense self-satisfaction as well as confidence to
further endeavor in research work. I would like to show my sincere gratitude to
Dr. Shruti Goyal, Assistant Professor of Law at Rajiv Gandhi National
University of Law, Punjab for giving me thorough advices and suggestions in
making the concerned assignment throughout numerous consultations. Many
people, especially my classmates, have made valuable comments and
suggestions regarding this project which helped me to improve my project. I
would also like to extend my deepest gratitude to all those who have directly
and indirectly guided me in making this project.

2|Page
 CERTIFICATE

This is to certify that the project titled: Appeal from Conviction is a bonafide
work done by DEWANG SHRIVASTAVA of Rajiv Gandhi national university
of law, Patiala under the supervision of Dr. Shruti Goyal, Assistant Professor of
Law. The concerned project has been found worthy of acceptance as the final
project and is found suitable for presentation.

3|Page
 TABLE OF CONTENT

1. Introduction……………………………………………………………………………5
2. Appeal in Indian Law………………..………………………………………………..6
3. Procedures for Appeal………………………………………………9
4. Appeal from convictions………………………………………………10
5. Relevant Case laws…………………………………………………………………15
6. Conclusion and Suggestions……………………………………………………….16

4|Page
1.Introduction

The criminal justice system can have far-reaching effects on an individual’s life, most
significantly affecting their right to life and freedom. Since courts, like any other man-made
organisation, are likely to make mistakes, it follows that the judgements they make are also
subject to this risk of making errors. In order to prevent a serious miscarriage of justice, there
should be procedures in place to carefully review the rulings of subordinate courts. To
account for this, certain measures have been incorporated into the criminal procedure for
appealing a criminal court’s judgement or order. From Section 372 all the way up to Section
394 of the Criminal Procedure Code are detailed requirements regarding appeals.

An appeal is a complaint or grievance to a superior court for reconsideration or review of a

decision, verdict or sentence of a lower court. It has been said that every human being is
fallible and a judge is not an exception. It is thus possible that even a judge may err or
commit mistake and his decision may be wrong or faulty Article 25 of the Constitution of
india guarantees life and liberty to every citizen, small or big, nich or poor, as one of the
Fundamental Rights. It is therefore, necessary that a person aggrieved by an order of the court
of the first instance may be able to challenge it by preferring an appeal. An appeal is a
method of correction of manly error or solution of human frailty.1

An individual who's been convicted of a crime may appear their case, or ask a higher court to
review certain aspects of the case for legal error. This isn't the same as asking for a new trial
because the defendant didn't like the outcome, but rather, an appeal will determine whether
the conviction itself or the sentence imposed were reached in error Therefore, the appellant
(the party who's appealing the verdict) must show a higher court that there were errors in how
the trial was conducted. This means no new evidence may be considered.

After a court has convicted and sentenced a criminal defendant, the defendant may file an
appeal to a higher court, asking it to review the lower court's decision for legal errors that
may have affected the outcome of the case. If the appellate court grants the appeal, it may

1
State of Karnataka v. Krishnappa, AIR 2000 SC 1470

5|Page
reverse the lower court's decision in whole or in part if the appellate court denies the appeal,
the lower court's decision stands.

2. Appeal in Indian Criminal Law

The word "appeal" has not been defined in The Code of Criminal Procedure, 1973, however,
it can be described as the judicial examination of a decision given by a lower court, by a
higher court

It needs to be pointed out that except for the statutory provisions laid down by The Code of
Criminal Procedure, 1973 or any other low which is in force, an appeal cannot lie from any
judgment or an order of a criminal court. Thus, there is no vested right to appeal as such as
even the first appeal will be subjected to statutory limitations The justification behind this
principle is that the courts which try a case are competent enough with the presumption that
the triat has been conducted fairly However, as per the proviso, the victim has a right to
appeal against any order passed by the Court under special circumstances comprising of a
judgment of acquittal, conviction for lesser offence or inadequate compensation.2

Generally, some sets of rules and procedures are employed to govem the appeals in the
Sessions Courts and High Courts (highest court of appeal in a state and enjoys more powers
in matters where appeal is permissible). 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 Indian
Constitution and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970

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 understanding the relevance of a criminal appeal being made to the Supreme Court,
the same law has also been laid down in Article 134(1) of the Indian Constitution under the

2
"Crime Victims' Rights in the Post-Conviction Process". Oregon Department of Justice.

6|Page
appellate jurisdiction of the Supreme Court The Supreme Court (Enlargement of Criminal
Appellate Jurisdiction) Act, 1970, has also been passed by the legislature in consonance with
Article 134(2) of the Indian Constitution to confer additional powers on the Supreme Court to
entertain and hear appeals from the High Court under certain conditions

A 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.

However, there are certain circumstances under which no appeal shall lie These provisions
have been laid down under Section 2650, Section 375 and Section 376 of The Code of
Criminal Procedure, 1973,

As to the finality of the judgments and orders passed on appeal. The Code of Criminal
Procedure, 1973 makes them final except in some cases. This shows how paramount
importance is given to appeals3

3
Mohd. Arif v. State of Uttarakhand, (2012) 9 SCC 34

7|Page
3. Important Judgements

Dhananjay Rai v. State of Bihar (2022)4

The accused was found guilty by the Sessions Court on September 4, 2009, and the charges
against him were brought under Sections 302 and 120B of the Indian Penal Code (IPC), as
well as Section 27(1) of the Arms Act of 1959. The accused person took their case to the
High Court in Patna, where they filed an appeal. After some time, it was determined that he
had vanished. The appeal against conviction was thrown out by a division bench of the Patna
High Court on August 25, 2015, for the sole reason that the accused had vanished without a
trace, without any consideration being given to the validity of the appeal. The High Court
ruled that even though the right to appeal is substantial, the appellant lost his right to do so
the minute he misused the legal process by evading capture. The appellant’s conduct here
constitutes willful resistance to the criminal justice system.

But the Supreme Court did not agree with the High Court’s method when the High Court
acknowledged that it was departing from the established position of law.

The Court stated that the High Court’s distress about the appellant’s boldness in evading
justice by fleeing the jurisdiction is understandable. Non-prosecution is not a valid reason to
ignore the merits of a previously granted appeal of a conviction.

As a result, the Court reversed the challenged verdict and sent the case back to the High
Court to be heard again on its merits..

Jogi v. the State Of Madhya Pradesh (2021)

When hearing a substantive appeal under Section 374 of the Code of Criminal Procedure of
1973, the High Court must conduct its own analysis of the evidence and draw its own
conclusions about the accused’s guilt or innocence based on its own evaluation of the
evidence in the record.

4
AIR 2002 SC 2196

8|Page
Dilip S. Dahanukar v. Kotak Mahindra Company Limited (2007)

An offender who has been convicted has the unalienable right to exercise his or her appeal
under the provisions of Section 374 of the Code. In light of Article 21‘s broad definition, the
ability to appeal a conviction that has an impact on one’s freedom is likewise a basic right.
Therefore, the right of appeal cannot be limited in any way or subjected to any conditions.
The right to appeal is guaranteed by Article 21 of the Indian Constitution and Section 374 of
the Criminal Procedure Code.

Bindeshwari Prasad Singh @ B.P v. State Of Bihar (2002)5

When dealing with an appeal from an acquittal preferred under Section 374 of the Code of
Criminal Procedure, the high court has much broader jurisdiction than a revisional court
exercising jurisdiction under Section 401 of the Code of Criminal Procedure against an order
of acquittal at the instance of a private party. All arguments that can be made in favour of the
petition for revision can also be made in the appeal, but not the other way around. When the
state’s appeal against the verdict of acquittal is denied, the verdict of the lower court becomes
final. To thereafter exercise revisional jurisdiction under Section 401 of the Code of Criminal
Procedure against the order of acquittal at the instance of a private party might not be a
proper exercise of discretion in such a scenario.

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 in the case of Arun Kumar
vs State of Uttar Pradesh the Honorable 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.

in the case of Satya Pal Singh vs State of Madhya Pradesh 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 of The Code of Criminal Procedure, 1973, as he fails within

5
AIR 2001 SC 1604

9|Page
the definition of "victim", to question the correctness of judgment and order of an acquittal of
accused

The Hon'ble Supreme Court held in the similar case of Satya Pal Singh vs State of Madhya
Pradesh6 that the victim cannot file an appeal against an order of acquittal without obtaining
the leave of the High Court.

6
AIR 1962 SC 605

10 | P a g e
5.Conclusion

An appeal is not a retrial of the case. Rather, the appellate court reviews the record of the
lower court's proceedings to determine whether there are adequate grounds to grant the
appeal. The record includes all pre-trial and post-trial motions, all evidence admitted to the
court and a word-for-word transcript of the trial In addition to analyzing the record, appellate
courts also review written briefs submitted by each party. Appellate briefs frame the legal
issues raised on appeal and set forth persuasive legal arguments to support their position.

It is a creature of statute and the power and jurisdiction of the appellate court must be
circumscribed by the words of the statute. At the same time, a court of appeal is a court of
error and its normal function is to correct the decision appealed from if necessary, and its
jurisdiction should be co-extensive with that of the trial court. It cannot and ought not to do
something which the trial court was not competent to do.

Similarly, The State Government has been empowered to direct the Public Prosecutor to
appeal against the sentence on the grounds of inadequacy to either the session's court or the
High Court, however in only those cases where the trial for conviction has not been held by
the High Court. This shows that this right to appeal against sentences on the grounds of
inadequacy has not been granted to the victims or the complainants or any other person.
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

11 | P a g e