498a proceeding in appeal in session court

This query is : Resolved 

Querist : Anonymous (Querist)
12 July 2019

498a/406 - Acquitted from lower court citing "Prosecution failed to prove the charges". And final verdict is "acquitted".
Now it is appealed in session court against order of lower court. My questions are :
Will it be entire trial will re-run in session court again?
All proceedings will be same as that of JM/lower court ?
Or it will be summary proceedings (short/brief) in session court ?
Many thanks in advance for your expert opinion.

Sudhir Kumar (Expert)
12 July 2019

The appeal will be based on the material available in the record of trial court.

Dr J C Vashista (Expert)
12 July 2019

Proceeding in an appeal and trail differ, wherein no evidence is allowed except certain exceptional circumstances. Appeal shall be proceeded on the basis of records on file.
Whether the appeal has been filed by State or complainant?
You are continuing same lawyer which was there in Trail Court or engaged someone else? What is his/ her opinion?
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You can seek a second opinion from another local prudent lawyer with relevant case file, if you feel so.
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Querist : Anonymous (Querist)
10 August 2019

Thank you all respondent and lawyersclub for providing this platform.
Dear Dr J C Vashista,
Appeal will be filed by complainant. It will be great if you can contribute to this query..

Sb Karma (Expert)
30 December 2019

Depend on the records and case status court will decide the procedure...so just follow the court order

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