Crpc appeal against acquittal. RIGHT OF APPEAL AGAINST ACQUITTAL UNDER CRIMINAL LAWS 2022-11-01
Crpc appeal against acquittal
An appeal against acquittal is a legal remedy available to the prosecution in a criminal case, whereby it can challenge a judgment of acquittal (a finding of "not guilty") by a lower court. In India, this is governed by the Code of Criminal Procedure (CRPC), which sets out the procedure for filing an appeal against acquittal in the higher courts.
There are several grounds on which the prosecution can file an appeal against acquittal. These include:
Error in law: If the lower court has made an error in interpreting or applying the law, the prosecution can appeal on this ground.
Misapprehension of evidence: If the lower court has misunderstood or misapplied the evidence presented in the case, the prosecution can appeal on this ground.
Insufficiency of evidence: If the lower court has acquitted the accused despite there being sufficient evidence to convict, the prosecution can appeal on this ground.
Misdirection: If the lower court has given incorrect instructions to the jury or has failed to properly direct the jury on the law, the prosecution can appeal on this ground.
Excessive leniency: If the lower court has imposed a sentence that is too lenient given the circumstances of the case, the prosecution can appeal on this ground.
In order to file an appeal against acquittal, the prosecution must first obtain leave (permission) from the higher court. This is because an appeal against acquittal is not a matter of right, but rather a matter of discretion for the higher court. In deciding whether to grant leave, the higher court will consider factors such as the strength of the prosecution's case, the seriousness of the offense, and the public interest in the case.
If leave is granted, the prosecution can proceed with the appeal. The appeal will be heard by a panel of judges in the higher court, who will consider the evidence and arguments presented by both sides and make a determination as to the guilt or innocence of the accused. If the appeal is successful, the higher court can reverse the acquittal and convict the accused.
It is important to note that an appeal against acquittal is a separate legal proceeding from the original trial. As such, the prosecution must present a fresh case and cannot simply rely on the evidence and arguments presented in the original trial.
In conclusion, an appeal against acquittal is a legal remedy available to the prosecution in a criminal case, whereby it can challenge a judgment of acquittal by a lower court. This is governed by the Code of Criminal Procedure (CRPC) in India, and allows the prosecution to appeal on grounds such as error in law, misapprehension of evidence, insufficiency of evidence, misdirection, and excessive leniency. An appeal against acquittal must first obtain leave from the higher court, and if successful, the higher court can reverse the acquittal and convict the accused.
Appeal against acquittal by Magistrate in private complaints can only be moved in High Court u/Section 378, CrPC: Madras HC corrects course
Realizing this aspect, there are certain provisions which have been included in the criminal procedure on appeal against a judgment or order of criminal courts. In the present situation of victims v. The matters are remitted to the High Court. You can click on this link and join: Follow us on. State of Gujarat, AIR 1981 iv When the view taken by Sessions Judge was found by High Court to be manifestly wrong and that it had led to miscarriage of justice, High Court was entitled to set aside the acquittal; Arun Kumar v. Union of India has issued comprehensive guidelines to control vandalism by protesting mobs. What are the cases when an appeal is filed? Not just this, but to even direct to release the accused on bail or on his own bond if the accused is in confinement.
Acquittal under CrPC
Sub-section 4 of Section 401 Cr. 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. These inherent powers apply to both substantive as well as procedural matters. You should file an appeal within the period of limitation. Further modifications have also given the victim, in addition to the state, to file for appeals in courts if they feel that the accused has been wrongly acquitted.
Appeal reference and revision under CrPc
While the person in the first category has the right to appeal under Section 372, without any limitation of obtaining a special leave; the second category has to mandatorily obtain the same. Appeals in the sessions courts and the high courts are typically governed by the same sets of rules and procedures. Arrest of accused in appeal from acquittal. Ganapathi case is declared as a judgment per-incuriam since it has been decided without reference to the binding authority in Damodar S Prabhu and Subash Chand. The trial Court on the facts of this case did not perform its duties, as was enjoined on it by law. Director of Prosecutions was ordered to take the corrective steps and filing of appeals also to be taken due scrutiny and such appeals without merits were checked from being filed. The Supreme Court stated as follows the general principles regarding power of appellate Court while dealing with appeal against an order of acquittal: 1 An appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
Right To Appeal Against Acquittal Under Criminal Procedure Code, 1973 : The Rule Of Victim v. Complainant
Procedure for hearing appeals not dismissed summarily. The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted. However, according to the rule, the victim has the right to appeal against any order issued by the Court under special circumstances including an acquittal, conviction for minor offenses or inadequate compensation. Victim as defined under section 2 wa of Criminal Procedure Code, 1973 as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir. However this right is subject to an important condition i.
Section 372 CrPC: Victim's Right To Prefer Appeal Against Acquittal Absolute, Not Necessary To Obtain Special Leave: SC Article
As a corollary, the Bench then directs in para 13 that: In view of the above and for the reasons stated above, the impugned common judgment and order passed by the High Court reversing the acquittal and convicting the accused is hereby quashed and set aside. It should not and cannot perform an action that the lower court lacked jurisdiction to execute. The moot question now emerges, whether a complainant who is also a victim, can move under Section 372 Proviso, or would his right to acquittal be solely limited to section 384 4 , CrPC, 1973. Most significantly, the Bench then holds in para 10. Who can appeal A person whose trial results in a guilty verdict may file an appeal of that verdict. It is not to be confused with discharge, since in discharge, the accused may be asked to show up again for further questioning. If a sentence is handed down by a lower court, an appeal could be filed with the high court.
Section 372 CrPC
After amendment in section 378 a victim has right to file appeal against acquittal. In any event in a case of acquittal if the view of the trial Court is a possible reasonable view of the evidence on record, interference by the High Court may not be justified. Suspension of sentence pending the appeal; release of appellant on bail. In a general sense, appeal is a legal right conferred upon parties, however, revision completely depends on the discretion of a criminal court, which means that it is not a right as such. Conclusion: - It is clear that the High Courts face a major challenge in adjudicating an appeal against their release. A person can file an appeal only when the law permits. In case of conviction of the accused, the judge shall hear the accused on the question of sentence and pass it out according to law, unless the judge has followed provisions of Section 360 which deals with the release of the convict on probation due to good conduct or after admonition.
___Appeal___against___acquittal ~ Balochistan Law Forum
Vithal Rao Pritirao Chauhan, AIR 1982 iii Sufficient cause must be established for not filing appeal within limitation period and that cause must arise before expiry of limitation period; Ajit Singh Thakur Singh v. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force; Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Importance of motive in determining the culpability of the accused but refused to acknowledge it as the sole criteria for not convicting the accused in the absence of motive. In some cases where the defendant pleaded guilty because of a misunderstanding of his or her rights to the case or because of a misunderstanding of the law or when a proper trial was not obtained on admission or when a confession was obtained improperly, the appeal is not barred and the defendant may. Challenging the acquittal of the accused under Sections 307 and 506 ii IPC, the victims private respondents herein filed Criminal Appeal Nos.
Appeal Against Acquittal in Cheque Bounce Cases Can Be Filed Only Before High Court U/s.378(4) CrPC: Madras HC
Evidence found was insufficient for recording conviction and appeal was without merit. State of Orissa, AIR 1981 vi Finding of trial Court that fatal blow to deceased was not given in prosecution of common object of the assembly and acquitted accused, such finding cannot be said to be clearly erroneous; Surat Lal v. Appeal against judgment—Paramount consideration of Court is to ensure to prevent miscarriage of justice: There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based. For the extension of the period of limitation, and for exclusion of time in computing the period of limitation, Sections 5 and 12 of the Limitation Act, 1963 would be useful. What makes this situation worse is that, in most cases, the decision of the High Court is final, as appeals to the High Court only apply under certain circumstances, usually when the defendant is convicted and sentenced to more than 10 years or sentenced to death, or if the Supreme Court considers the case appropriate High. He can prefer such appeal only when the state prosecution does not file an appeal against the order of acquittal.