INTRODUCTION:

Sometimes it may happen that the person who is convicted has a doubt about the
judgment passed by the court and thinks that the judgment was either faulty or
there were some unheard facts about the case that could change the judgment in
favor on the convicted person, in that case what he can do is go for a review in the
court either by the way of ‘Appeal’ or ‘revision’. But since my topic wholly
focuses on the “Procedure for appeals under CrPC.”, therefore we will move in the
direction of reviewing the judgment of the court by the way of Appeal.

Appeal is basically a case that is filed to a superior court to make the correction in
the decision of the inferior court.

The word ‘appeal’ has not defined in the code of criminal procedure ,1973 ,
however it can be described as the judicial examination of a decision given by the
lower court , by a higher court.

According to Merriam Webster dictionary, “a legal proceeding by which a case is

brought before a higher court for review of the decision of a lower court.”

According to Black’s law dictionary, “an Appeal is a complaint to a superior

court of an injustice done or error committed by an inferior court, whose judgment
or decision, the court above is called upon to correct or to reverse.”

The Code provides for the provisions for Appeal under sec.341 of CrPC and
Chapter XXIX (sec.372-394). According to sec341, it defines Appeal as:
(1). Any person on whose application any Court other than a High Court has
refused to make a complaint under sub- section (1) or sub- section (2) of section
340, or against whom such a complaint has been made by such Court, may appeal
to the Court to which such former Court is subordinate within the meaning of sub-
section (4) of section 195, and the superior Court may thereupon, after notice to the
parties concerned, direct the withdrawal of the complaint, or, as the case may be,
making of the complaint which such former Court might have made under section
340, and if it makes such complaint, the provisions of that section shall apply
accordingly.
(2). An order under this section, and subject to any such order, an order under
section 340, shall be final, and shall not be subject to revision.

1. APPEALS TO THE SUPERIOR COURTS

Any person convicted for an offence may appeal in accordance with the provisions
provided in CrPC. Furthermore, if two or more persons are convicted for the same
offence in one trial, any or all of them are entitled to prefer an appeal, then
according to sec 380 all or any of them have the right of appeal.

In the case of Satya Pal Sigh v. State of Madhya Pradesh 1, 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

Generally, same sets of rules and procedures are employed to govern the appeals in
the Sessions Courts2 and High Courts. The highest court of appeal in the country is

1
Criminal appeal no.547 of 2013
2
Sec.381 CrPC,1973
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 CrPC, Indian Constitution, and the Supreme Court
(Enlargement of Criminal Appellate Jurisdiction), 1970.

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.3 In the case of Arun Kumar v. State of Uttar Pradesh 4, the Hon’ble
Supreme Court held that if the High Court found that the view taken by the
Sessions Judge to acquit the appellants was manifestly wrong, moreover, it even
led to miscarriage of justice, therefore, the High Court was correct in setting aside
this acquittal and convicting them.

The State Government has been empowered to direct the Public Prosecutor to
appeal against the sentence on the grounds of inadequacy to either the Sessions
Court or the High Court, however in only those cases where the trial for conviction
has not been held by the High Court.5  Moreover, it is mandatory for the Court to
give the accused a reasonable opportunity to show cause against any enhancement
of the sentence in the interest of justice. The accused has the right to plead for his
acquittal or a reduction in the sentence while showing cause.

Similarly, the District Magistrate, and the State Government have the powers to
direct the Public Prosecutor to present an appeal in case of an acquittal to Court of
Sessions, and the High Court, respectively, subject to certain conditions. 6 A two-
Judge bench of the Hon’ble Supreme Court in case of Satya Pal Singh vs State of
3
Sec.374 CrPC,1973
4
AIR1989 SC1445
5
Sec.377 CrPC,1973
6
Sec.378 CrPC,1973
Madhya Pradesh7, held that the victim cannot file an appeal against an order of
acquittal without obtaining the leave of the High Court.

The accused has been given the right to appeal to the Supreme Court against the
judgment of the High Court if the High Court has reversed an order of his acquittal
on appeal by convicting him, thereby, sentencing him to imprisonment for life or
for ten years or more, or to death penalty. 8A similar right to appeal has been
granted to one or all accused persons if more than one person have been convicted
in a trial and such order has been passed by the court.9

2. PROCEDURE FOR DEALING WITH APPEAL

According to section 382 of CrPC, it prescribes the process for the filling of the
petition of Appeal in the superior court. A petition of appeal shall be submitted in
writing by the appellant or by his pleader and every such petition unless not
specifically said by the appellate court, be accompanied by order and judgment in
against which the appeal is made. Also if the appellant is in the jail he can file up
the petition of appeal along with the documents of the case asked to the officer-in-
charge of the jail who will then forward it to the Appellate Court.10

In case where all or any one of them has the problem with the judgment, he/they
can file petition for appeal to the appellate court. In case of State of Haryana V.
Ram Lal11, the court held that one appeal of convictions in six cases cannot be
competent.
7
Criminal appeal no.690 of 2017
8
S.379 of Crpc,1973
9
S.380 of CrPC,1973
10
Sec.383 of CrPC,1973.
11
1992 CriLJ 2482(P&H).
Also to be noted, in the memorandum of appeal, a statement should be presented to
declare on what grounds the appeal is made before the Appellate Court 12 (though
not specifically mentioned in the code).

(2.1). DISMISSAL OF APPEALS

Section 384 deals with the dismissal of Appeals. It says that:

(1) If upon examining the petition of appeal and copy of the judgment received
under section 382 or section 383, the Appellate Court considers that there is no
sufficient ground for interfering, it may dismiss the appeal summarily: Provided
that-

(a) no appeal presented under section 382 shall be dismissed unless the
appellant or his pleader has had a reasonable opportunity of being heard in
support of the same;

(b) no appeal presented under section 383 shall be dismissed except after
giving the appellant a reasonable opportunity of being heard in support of
the same, unless the Appellate Court considers that the appeal is frivolous or
that the production of the accused in custody before the Court would involve
such inconvenience as would be disproportionate in the circumstances of the
case;

(c) no appeal presented under section 383 shall be dismissed summarily until
the period allowed for preferring such appeal has expired.

12
Kapil Deo Shukla V. State of U.P., AIR 1958 SC 121.
(2) Before dismissing an appeal under this section, the Court may call for the
record of the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of
Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 383 has been dismissed summarily
under this section and the Appellate Court finds that another petition of appeal duly
presented under section 382 on behalf of the same appellant has not been
considered by it, that Court may, notwithstanding anything contained in section
393, if satisfied that it is necessary in the interests of justice so to do, hear and
dispose of such appeal in accordance with law.

The power of the dismissal of Appeal should be exercised judicially and with great
care, because the summary of Appeal is as much adjudication as an order of
dismissal after the full hearing so far as the accused is concerned13.

In case of Bani Singh V. State of U.P.14, the Supreme Court held that the appellate
court does not have any right to dispose an appeal on the sole reason of absence of
Appellant or his pleader. They can only dispose of an appeal after perusing the
record and the judgment of the trial court. Also, if the appellant is in jail and for
some reason his lawyer is unable to represent him before the court and the court
views it as an important appeal that needs to be heard then the court can be
adjourned and fix another date and time to facilitate the appearance of the appellant
if his lawyer is not present.

13
U.J.S.Chopra V. State of Bombay, AIR 1955 SC 633.
14
(1996) 4SCC 720.
(2.2) IF APPEALS NOT DISMISSED SUMMARILY

Section 385 deals with the procedure for hearing appeals not dismissed summarily.

(1) If the Appellate Court does not dismiss the appeal summarily, it shall cause
notice of the time and place at which such appeal will be heard to be given-

(i) to the appellant or his pleader;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon

complaint, to the complainant;

(iv) if the appeal is under section 377 or section 378, to the accused, and
shall also furnish such officer, complainant and accused with a copy of the
grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is
not already available in that Court, and hear the parties: Provided that if the appeal
is only as to the extent or the legality of the sentence, the Court may dispose of the
appeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of
the sentence, the appellant shall not, except with the leave of the Court, urge or be
heard in support of any other ground.

(2.3) POWERS OF THE APPELLATE COURT IN DISPOSING

OF APPEALS
Section 286 deals with the power of the Appellate court in disposing of Appeal. It
states that: After perusing such record and hearing the appellant or his pleader, if
he appears, and the Public Prosecutor if he appears, and in case of an appeal under
section 377 or section 378, the accused, if he appears, the Appellate Court may, if
it considers that there is no sufficient ground for interfering, dismiss the appeal, or
may-

(a) in an appeal from an order or acquittal, reverse such order and direct that
further inquiry be made, or that the accused be re- tried or committed for trial, as
the case may be, or find him guilty and pass sentence on him according to law;

(b) in an appeal from a conviction-

(i) reverse the finding and sentence and acquit or discharge the accused, or
order him to be re- tried by a Court of competent jurisdiction subordinate to
such Appellate Court or committed for trial, or

(ii) alter the finding, maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or the
nature and extent, of the sentence, but not so as to enhance the Same;

(c) in an appeal for enhancement of sentence-

(i) reverse the finding and sentence and acquit or discharge the accused or
order him to be re- tried by a Court competent to try the offence, or

(ii) alter the finding maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or the
nature and extent, of the sentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;
(e) make any amendment or any consequential or incidental order that may be just
or proper; Provided that the sentence shall not be enhanced unless the accused has
had an opportunity of showing cause against such enhancement: Provided further
that the Appellate Court shall not inflict greater punishment for the offence which
in its opinion the accused has committed, than might have been inflicted for that
offence by the Court passing the order or sentence under appeal.

In case of Sanwat Singh V. State of Rajasthan15, the Supreme Court has laid down
three principles as to exercise the powers of the Appellate Court. The first principle
is that the appellate court has full powers to review the evidence upon which the
order of acquittal is founded. Secondly as principle laid down in Sheo Swarup
V.King Emperor16, it requires that the appellate court should give proper weight
and consideration to such matters like the view of the trial judge as to the
credibility of the witnesses, the presumption of innocence in favor of the accused,
the right of the accused to the benefit of doubt, and slowness of an appellate court
in disturbing the finding of the facts arrived at by the judge who had advantage of
seeing the witnesses. Thirdly, the appellate court in coming to its conclusion
should not only consider every matter on record having a bearing on the questions
of the facts and the reasons given by the court below in support of its order of
acquittal, but should also express those reasons to hold that the acquittal was not
justified.

(2.4) PROCEDURE WHERE THE JUDGES OF HIG COURT BENCH ARE

EQUALLY DIVIDED

15
AIR 1961 SC 715
16
AIR 1934 PC 227
In case where the appeal is heard by a bench of High Court and the Judges gets
equally divided in respect of the judgment of the Appeal, the appeal will be
presented in front of another judge of the High Court along with the conflicting
opinions of the judges and after hearing all the points, whatever the judgment or
order is given by the judge it will duly followed by the court.17

Also if the judge of the bench or the appeal is laid before another judge, and that
judge requires a rehearing of the appeal then it must be reheard and decided by a
larger bench of judges18.

CONCLUSION

It can thus be clearly seen that through the process of appeals, a person gets an
opportunity to get any legal, or factual error in an order or judgment corrected.
Nevertheless, appeals against any judgment, or order, or sentence of a criminal
court can only be preferred when it has been specifically provided in the statutes.
Thus, the right to appeal can only be exercised within the limits laid down by CrPC
or any other law which is in force and hence, this is a constricted right. As far as
the decision to appeal is considered, it is discretionary except in cases when an
accused person has been sentenced to death by Sessions Court. Not only this, there
are certain cases as well in which appeal is not allowed at all, in fact the judgment,
or order, or sentence delivered by the criminal court will attain finality.19

17
Sec 392 of CrPC, 1973; Ishvarbhai Fuljibhai Patni V. State of Gujarat (1995) 1SCC 178
18
Proviso to S.392
19
https://blog.ipleaders.in/appeal-reference-and-revision-under-crpc/