Crimnal appeal against conviction, appellant seeking adjourn

Who is not arguing ?? Accused or complainant (of the original trial)...

Dear Trivediji

I have clearly written in the query that  the accused files an appeal ... against his conviction by the Lower Court ................is not arguing the appeal.

The court has the power to direct costs as well as exemplary action as per section 309 Crpc

Augustine Chatterjee

9999931153

I am afraid Augustineji

Section 309 of CrPC deals with Enquiry or Trial and not with an appeal!

I need more cogent and legally correct answer!!

If the appeal is in High Court, the HC has inherent Powers to even order Costs and exemplary actions but the ADJ Courts dont have such Powers

The Hon court has to decide the appeal on merit, the court may give sufficient opportunity to accused who is on bail to argue his case, if he does not then on the persistence of respondent the court may close the argument and hear only the respondent, and then shall decide on merit. Accused has already put on record whatever he wanted to say in his petition, court may treat that sufficient along with the LCR.

S.386 CrPC

Power of the Appellate Court. After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-

So if he appears, that means appellate court is not bound to hear the parties if they do not appear...

Thanks a Ton! Trivediji

Thats a perfect and legally justified guidance