The Right to Appeal in Criminal Cases
An appeal is a legal process where a higher court reviews the decision of a lower court. In criminal cases, the right to appeal is a fundamental aspect of the justice system. Both the convicted person and the state (in limited circumstances) can appeal against a judgment. Understanding the appellate structure and procedure is crucial for anyone involved in a criminal case.
Appeals to the Sessions Court
Under Sections 374-376 CrPC, appeals against orders of a Magistrate lie to the Sessions Court. The Sessions Court hears appeals from convicts as well as from the government in cases of inadequate sentences. The appeal must be filed within 30 days (for convicts) or 60 days (for the government) from the date of the order. The Sessions Court can confirm, reverse, or modify the judgment.
Appeals to the High Court
The High Court hears appeals against orders of the Sessions Court and against orders of Magistrates in certain cases. Under Section 374(2) CrPC, a person convicted by a Sessions Judge can appeal to the High Court. The High Court has wide powers to reappreciate evidence and can acquit, convict, or order a retrial. Appeals must usually be filed within 60 days.
Appeals to the Supreme Court
The Supreme Court hears criminal appeals under Article 134 of the Constitution and Section 379 CrPC. Appeals lie to the Supreme Court as a matter of right if the High Court (on appeal) reverses an acquittal and sentences the accused to death, life imprisonment, or seven years or more. The Supreme Court also hears appeals by special leave under Article 136, which is a discretionary remedy.
Special Leave Petition (SLP) Under Article 136
Article 136 of the Constitution empowers the Supreme Court to grant special leave to appeal against any judgment of any court or tribunal. This is not a right but a discretion exercised by the Supreme Court. The court grants SLP only if there is a substantial question of law or a grave miscarriage of justice. The petition must be filed within 90 days.
Grounds for Appeal
Common grounds include: the judgment is against the weight of evidence; the court erred in law; the sentence is excessive; the trial was not fair; new evidence has been discovered; or the court lacked jurisdiction. The grounds must be specific and supported by the record.
Process of Filing an Appeal
Draft a memorandum of appeal stating the grounds. File it before the appellate court within the prescribed limitation period. Pay the court fees. Serve notice to the opposite party. The appellate court examines the records, hears arguments, and delivers judgment. The court can also order interim bail if the appellant is in custody.
Appeal vs Revision
Revision under Sections 397-401 CrPC is a different remedy. While an appeal is a re-hearing on facts and law, revision is limited to examining the legality, propriety, or correctness of the lower court's order. Revision is available when no appeal lies and is decided on the record alone.
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