APPEAL UNDER CRPC

Submitted to: Sir Imran Asghar

SUBMITTED BY: AHMAD FARAS

SEMESTER: 8TH / SECTION A
Introduction:
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. Article 25 of the Constitution Of Pakistan guarantees life and liberty to every citizen,
small or big, rich 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.

Chapter XXXIX (Section 372 – 394 of Cr.PC) deals with Appeals.

A right of Appeal is not a natural or inherent right. It is a statutory right and must be governed by the
statute which grants it.

SECTION 372 provides, no appeal lies except otherwise provided by the Code or by any other law for the
time being in force. Under Articles 132, 134 and 136 of the Constitution of India, it may be possible to
present an appeal to the Supreme Court against the order of acquittal passed by the High Court.

APPEALS FROM CONVICTIONS

Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may
appeal to the Supreme Court.

Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial
held by any other Court in which a sentence of imprisonment for more than seven years [has been
passed against him or against any other person convicted at the same trial]; may appeal to the High
Court

Save as otherwise provided in sub-section (2), any person,

convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the
first class, or of the second class, sentenced under section 325, or in respect of whom an order has been
made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of
Session.

While disposing of appeals from the sentences of the Sessions Court under this Section, the High Court
should specify the reasons for rejection of appeal and should not reject it summarily. This will enable the
Supreme Court to know the view of the High Court, in case the appellant moves the Supreme Court in
appeal. For computing the sentence of imprisonment for seven years for the purpose of ascertaining the
appellate forum under Section 374 (2), the sentence in default of payment of a fine is not to be added to
the substantive sentence of imprisonment.
APPEAL FOR ENHANCEMENT OF SENTENCE
Section 377 confers right on the Government to file an appeal against the inadequacy of sentence
awarded by any court other than a High court. If the sentence appears to be manifestly inadequate
resulting in failure of justice, the appellate court can interfere with it and can enhance the sentence. But
at the same time, the high court can also exercise its revisional jurisdiction, suo motto call for the record
and enhance the sentence in appropriate cases after giving an opportunity to the accused.[4] The
appellate court must pass a speaking order for enhancing the sentence. A bold statement that the ends
of justice demanded enhancement of sentence was held insufficient by courts.

An appeal under Section 377 must be filed by the State within a period of 60 days and the contention of
the State that it was under a mistaken belief that period of limitation is ninety days would be no excuse
for condonation of the delay.

APPEAL IN CASE OF ACQUITTAL

Under Articles 132, 134 and 136 of the Constitution of India, it may be possible to present an appeal to
the Supreme Court against the order of acquittal passed by the High Court.

An appeal from an order of acquittal must be filed within the period of limitation prescribed by Article
114 of the Schedule of the Limitation Act, 1963. 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. Appeal against an order of acquittal is an extraordinary remedy. In exercising this
power the High Court should give proper weight and consideration to “Very substantial and compelling
reasons.

When are the appeals filed:

Appeals from conviction: where the accused is convicted and the trial is conducted by high
court then an appeal would lie to the supreme court. But if the trial is held by the session judge
or additional session judge or any other court in which a sentence of imprisonment passed is
more than 7 years then an appeal would lie to the high court
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace
or good behavior. —Any person, —
(i) who has been ordered under section 117 to give security for keeping the peace or for good
behavior,
(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121,
may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons the proceedings against whom are
laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section
(4) of section 122.
Appeal by the state government against sentence: It is mentioned in the sec.377 of the CrPC
that where the sentence passed by the court is inadequate then the state government or
Central government can direct the public prosecutor to file an appeal
If the conviction is done by the court other than a high court then state government but if such
conviction is in a case wherein the offence has been investigated by the Delhi special police
establishment or any agency under any central act then Central government, can file the
appeal-
To the court of session, if the sentence is passed by the magistrate; and
To the high court, if the sentence is passed by any other court

The cases in which the appeal is not filed:

No appeal to lie if not provided by law: It is a general rule that the appeal is filed only when it is
provided by the law. Section 372 says that – “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”
No appeal in petty Cases-Sec. 376 says that there shall be no appeal by the convicted person if
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six
months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of
imprisonment for a term not exceeding three months or of fine not exceeding two hundred
rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one
hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes
only a sentence of fine not exceeding two hundred rupees:
Provided that an appeal may be brought against such sentence if any other punishment is
combined with it, but such sentence shall not be appealable merely on the ground—
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in the sentence;
or
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine
imposed does not exceed the amount hereinbefore specified in respect of the case.
No appeal where the accused pleads guilty: -where an accused person has pleaded guilty and
has been convicted on such plea, there shall be no appeal, — (a) if the conviction is by a High
Court; or
(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first
or second class, except as to the extent or legality of the sentence.

CONCLUSION:
An appeal 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.