Crpc

This query is : Resolved 
 

(Querist)
10 April 2020

Sir I want to ask that what things are covered under nature and rationale of appeal?


Raj Kumar Makkad (Expert)
10 April 2020

This is an academic query which is not addressed here. Post it in the forum section or mention the facts of your case leading to raise this query.

Rajendra K Goyal (Expert)
10 April 2020

What is the actual problem?

How are you concerned?

Please state clear material facts of the problem if any.

KISHAN DUTT RETD JUDGE (Expert)
10 April 2020

Dear Sir,
Academic questions should not be asked here any way you may see the following

Dear Sir
The nature of the appeal process cannot be cast in a rigid mould as it varies with jurisdictions and systems of jurisprudence. This point has been brought out sharply in "Final Appeal. The nature of a particular appellate process-indeed the character of an entire legal system-depends upon a multiplicity of interrelated though largely imponderable) factors operating within the system.
The rationale of your research is the reason for conducting the study. The rationale should answer the need for conducting the said research. It is a very important part of your publication as it justifies the significance and novelty of the study.

Since your question is not in full as such I could not elaborate my answer.
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Dr J C Vashista (Expert)
11 April 2020

Vague question without any information can not lead to form an opinion and oblige.

Dr J C Vashista (Expert)
11 April 2020

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding, if there is some truth in the question.

P. Venu (Expert)
11 April 2020

What are the facts? What is the context?

Rajendra K Goyal (Expert)
11 April 2020

Vague query, without facts. Discuss with local lawyer.

T. Kalaiselvan, Advocate (Expert)
13 April 2020

The justification behind this principle is that the courts which try a case are competent enough with the presumption that the trial has been conducted fairly.
The law provides a person who has been convicted of a crime to appeal to the Supreme Court or the High Court or the Sessions Court as per the circumstances.

T. Kalaiselvan, Advocate (Expert)
13 April 2020

The process of criminal justice has some serious consequences on an individual’s life, primarily on the right to life and personal liberty.
Each and every institution built by humans is prone to fallibility, therefore, this applies to the decisions rendered by courts as well.
Resultant, there should be specific provisions in place so as to scrutinise the decisions of lower courts in order to obviate the scope of miscarriage of justice. 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.
CrPC contains elaborate provisions on appeals starting from Section 372 to Section 394.

T. Kalaiselvan, Advocate (Expert)
13 April 2020

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.
In criminal cases, at least one appeal is granted to an accused by the legislature, whereas there is no such right in instances of revision.
In fact, the courts have many times discussed the difference between an appeal and a revision. In the case of Hari Shankar vs Rao Ghari Chowdhury, the Supreme Court held that “the distinction between an appeal and a revision is a real one.
A right of appeal carries with it a right of rehearing on law as well as fact, unless the statute conferring the right of appeal limits the rehearing in some way as.
The power to hear a revision is generally given to a superior Court so that it may satisfy itself that a particular case has been decided according to law.”

T. Kalaiselvan, Advocate (Expert)
13 April 2020

The word “appeal” has not been defined in The Code of Criminal Procedure, 1973, however, it can be described as the judicial examination of a decision, given by a lower court, by a higher court.
The Merriam-Webster dictionary defines appeal as “a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court”.

T. Kalaiselvan, Advocate (Expert)
13 April 2020

It needs to be pointed out that except for the statutory provisions laid down by Cr.P.C or any other law which is in force, an appeal cannot lie from any judgment or an order of a criminal court.
Thus, there is no vested right to appeal as such as even the first appeal will be subjected to statutory limitations.
The justification behind this principle is that the courts which try a case are competent enough with the presumption that the trial has been conducted fairly.
However, as per the proviso, the victim has a right to appeal against any order passed by the Court under special circumstances comprising of a judgment of acquittal, conviction for lesser offence or inadequate compensation.

T. Kalaiselvan, Advocate (Expert)
13 April 2020

In the case of Satya Pal Sigh vs State of Madhya Pradesh[6], the Hon’ble Supreme Court held that the father of the deceased has a locus standi to present an appeal to the High Court under the proviso of Section 372, as he falls within the definition of “victim”, to question the correctness of judgment and order of an acquittal of accused.

Generally, same sets of rules and procedures are employed to govern the appeals in the Sessions Courts and High Courts (highest court of appeal in a state and enjoys more powers in matters where appeal is permissible).

The highest court of appeal in the country is the Supreme Court and hence, it enjoys the most extensive discretionary and plenary powers in the cases of appeals.
Its powers are largely governed by the provisions laid down in Cr.P.C, Indian Constitution, and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction), 1970.



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