Appeal: Chapter XXIX CRPC (Section 372-394)
Appeal: Chapter XXIX CRPC (Section 372-394)
Appeal: Chapter XXIX CRPC (Section 372-394)
The term “appeal” has not been defined in the code. According to
the dictionary meaning, 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.
Only state are capable not complainant or any other person can file
suit for this purpose.
The court can interfere with the order of ACQUITTAL only when:
Before dismissing the appeal summarily the court may call for
record of the case[section 384(2)] 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
1. Before the deciding to exercise any of the power the court must
pursue the record of the case as mentioned in section 385(2).
2. The appellate court must here the appellant or his pleader, if the
appear , and the public prosecutor, if appear, and in case of an
appeal by the state government against sentence under section 377,
or of an appeal in case of acquittal under section 378, the accused,
if he appear.