Upgrad LLM

appeals


If an accused has been convicted by a chief judicial magistrate and has gone up in appeal to the court of session where again he is convcted...is there any provision for  second appeal in the CrPC or will he go to supreme court under the special leave petition under article 136?

 
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Advocate,9444674980

if the session had confirmed the conviction, u have to file a appeal before the high court.

 
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When the matter has been originally tried by the CJM n the matter went up in appeal to the court of session...wen the session court has already sat as an appellate court..filing an appeal to HC wud amount to filing a second appeal frm an appellate decree which i think is nt allowed in criminal matters??...
 
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Advocate,9444674980

It wont be considered as such. refer crpc 374 (1) and (2).

 
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Advocate

You can very well prefer an appeal before the high court against the sessions court decision.

 
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sir,this point is still nt clear to me..plz elaborate it more...if this is the scenario then why do we say that accused has only one right of appeal in criminal matters?
 
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Advocate/Attorney

I agree with kalaiselvan.  If you have merits in the case, you will definitely win in the High Court.

 
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Advocate

If the Appeal failes in the Sessions Court the second Appeal lies against it in the High Court

 
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