appeal
Guest
(Querist) 20 June 2011
This query is : Resolved
If the Session court sentenced the accused to imprinsonment of 4 years. Can appeal to high court against conviction can be filed? and If yes under which provision?
Ajay Bansal
(Expert) 20 June 2011
Please tell first,in which capicity Sessions Judge convicted ? As a trial court or appellate court ?
Guest
(Querist) 21 June 2011
374. Appeals from convictions:--(1) Any personconvicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held any other Court in which a sentence of imprisonment more than seven years has been against him or against any other person convicted at the same trial may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person:---
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate
of the first class, or of the second class, or
(b) sentenced under Section 325, or
(c) 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.
ACCORDING TO SEC 374 PERSON WHO IS SENTENCED MORE THAN 7 YEARS BY SESSION CAN APPEAL TO HIGH COURT. WHAT ABOUT CASES IN WHICH PERSON IS SENTENCED LESS THAN 7 YEARS BY SESSION? DOES THE ONLY WAY IS REVISION AS ACCORDING TO THIS SEC NO APPEAL CAN BE FILED???
Guest
(Querist) 21 June 2011
@AJAY BANSAL: SIR TELL ME PROCEDURE AND PROVISION IN BOTH CASES: AS FIRST APPEALANT COURT AND AS TRIAL COURT?
@MOHD. SHIEK: UNDER WHICH SECTION WE CAN APPEAL? EXPLAIN IN DETAIL?
Guest
(Querist) 22 June 2011
will any expert will answer this?
