Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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RAJESH MAT (Administrator)     24 December 2016

Appeal (against acquittal) dismissed by session court

In Appeal (against acquittal) Case filed by victim in Session Court, the said case is dismissed on the grounds of "Maintainability of Appeal" after a period of 4 yrs. What are the remedies available to the victim in such a scenario?



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 4 Replies

R Trivedi (advocate.dma@gmail.com)     24 December 2016

No remedy, that too against acquittal. In general appeal against acquittal does not lie with session court. It's with high court that too with leave to appeal.

lostkite   24 December 2016

Could you  please elaborate this Trivedi Ji what  u said

"In general appeal against acquittal does not lie with session court. It's with high court that too with leave to appeal"

under which section ?


 

Ms.Usha Kapoor (CEO)     25 December 2016

u/S378(3) APPEAL LIES FROM TRIAL CPOURT TO HIGH COURT.Try in supreme court after obtaining leave to appeal from Highcourt. If you appreciate this answer pleasegive me a like on my profile.

lostkite   25 December 2016

U/S Section 378 (3) when specifically made to highcourt then need to apply for leave. 

As per amendment 2009 crpc, "No Appeal" was substituted to "No Appeal to high court" in 378 (3) Crpc. 

As per 378 (1) Crpc there is 378 1 (a) where district magistrate can direct PP to file an Appeal in sessions Court. 

Please clarify me in the above scenerio, still the leave should be obtained from HC. if so any judgements available.

as in my case state went for after appeal period. they even took copies ceritified after appeal period. please advice me asap.

 


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