APPEAL AGAINST ACQUITTAL

APPEAL AGAINST ACQUITTAL

• Ø  Discuss in detail the procedure laid down in law to life an appeal from an order of acquittal.
• Ø  Does an appeal lie from an order of acquittal?

INTRODUCTION

RELEVANT PROVISIONS

Section 411-A, 417, 422, 423 of Cr.P.C

APPEAL AGAINST ACQUITTAL

It may be divided into categories

i-                    Appeal against order of acquittal passed by high court.

ii-                   Appeal against order of acquittal passed by any court other than high court.

APPEAL AGAINST ORDER OF ACQUITTAL PASSED BY HIGH COURT UNDER SECTION 411-A

I-                    FORUM OF APPEAL

a)      Shall be filled to the Division Bench of High Court composed of not less than two judges, other than the judges who heard the trial.

b)      If it is not possible to constitute the Division Bench than the appeal may be transferred by the Provincial Govt. under section 527 Cr.P.C to another High Court.

II-                  GROUNDS OF APPEAL

INST ORDER OF ACQUITTAL PASSED BY ANY COURT OTHER THAN HIGH COURT UNDER SECTION 417

Appeal may lie to the high court against an order of acquittal passed by any court other than high court.

I-                    FORUM OF APPEAL

II-                  WHO MAY APPEAL UNDER SECTION 417

a)  Provincial Government

b)  Complaint

c)  Any Aggrieved Person

A-     PROVINCIAL GOVERNMENT

Provincial government may file an appeal through the public prosecutor, against an order of acquittal, whether original or appellate, passed by any court other than a high court.

B-      COMPLAINT

If an order of acquittal is passed in a case instituted upon a complaint, the complaint may file an appeal to the High Court after fulfilling following conditions

i)                    Application for leave to appeal

Complaint has to file an application to the High Court for the grant of special leave to appeal against an order of acquittal.

ii)                   Limitation

An application has to be made within a person of six months from the date of an order of acquittal.

C-      ANY AGGRIEVED PERSON

By virtue of sub-section 2-A of section 417, any person aggrieved by an order of acquittal may file appeal against it.

NOTICE TO ACCUSED UNDER SECTION 422

POWERS OF APPELLATE COURT IN AN APPEAL AGAINST ACQUITTAL UNDER SECTION 423

In disposing appeal against acquittal, appellate court may order the following

i)                    Dismiss the appeal; or

ii)                   Reserve such order and direct further inquiry be made; or

iii)                 Direct the re-trial of the accused; or

iv)                 Sent the accused for trial to the court of session or High court; or

v)                  Finds him guilty and passed sentence according to law.

CONCLUSION