CHAPTER XVI. Appeals and Revision Applications of Courts other than the High Court

Size: px

Start display at page:

Download "CHAPTER XVI. Appeals and Revision Applications of Courts other than the High Court"

Duane Morgan
6 years ago
Views:

1 CHAPTER XVI Appeals and Revision Applications of Courts other than the High Court = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = 1. Joint appeals or applications Several persons complaining of an order or judgment in a criminal case affecting them all may join in one appeal or application for revision, and one copy of the judgment or order complained of shall be sufficient. The Appellate Court may, however, require separate petitions to be made by petitioners whose case are, in its opinion, conflicting. Where a joint petition is allowed, one Court fee and one Vakalatnama shall be sufficient. 2. Computation of the period of limitation. Attention is invited to sub section (2) of Section 12 of the Limitation Act, 1963, which provides that in computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite, for obtaining a copy of the sentence or order appealed from or sought to be revised or reviewed shall be excluded. Attention is also invited to Paragraph 1 of Chapter XXI of the Criminal Mannual, 1980, which permits a party to apply for certified copies by post. Where a party applies for certified copy by post other than registered post, the date of its receipt by the office of the Court would be the date of the presentation of the application. Wherever such application is made by registered post, the same shall be prepaid for acknowledgment and the date of posting of the letter would be the date of presentation of the application to the court.

2 Salient provisions as regards appeals and Revision Applications 3. (i) Under Section 374 (20 and (3) of the Code of Criminal Procedure, 1973 an appeal against conviction and sentence of imprisonment for not more than seven years liew to the Court of Sessions. (ii) Under Section 384(c) of the Code of Criminal Procedure, 1973 an appeal of the convict in jail presented to and forwarded by the jail authorities to the Appellate Court under Section 383 shall not be dismissed summarily until the period allowed for preferring such appeal has expired. (iii) Under sub section (2) of Section 397, the powers of revision conferred under Section 397(1) shall not be exercised for the purpose of passing any order in regard to the interlocutory order passed in any appeal, inquiry, trial or other proceedings.' (iv) If an application for revision has been made by any person either to the High Court or to the Court of Sessions, no other application for revision made by the same person shall be entertained by the other Court to which no such application for revision was made earlier. In order to ensure that no such application for revision was made to any Court earlier, every applicant shall be asked to make a statement in his application for revision that he had not filed a similar revision application in any Court previously in the matter. (v) Under Section 399(2) read with 401(4) of the Code of Criminal Procedure, 1973, the Revision Applications shall not be entertained at the instance of the party who did not bring in an appeal though he could have preferred one under the Code of Criminal Procedure, 1973, except in the circumstances mentioned in Section 401(5) when the Sessions Court may treat the revision application as an appeal and deal with the same accordingly. (vi) Under Section 377(1) read with Section 386(c) of the Code of Criminal

3 Procedure, 1973 an appeal for enhancement of sentence lies only to the High Court on the ground of its inadequacy. However, under Section 399(1) read with Section, 401(1) of the Code of Criminal Procedure, 1973, the Sessions Judge in a suo motu examination of the record may exercise the powers of enhancement of the sentence under Section 386 (c). 4. Grounds of appeal and list of articles to be included in the Paper Book Unless otherwise ordered by the Court, the gourds of appeal and a copy of the list of articles produced in the Court shall be included in the Paper Book prepared in an appeal before the Sessions Court. 5. Acceptance of appeal without copy of judgment When owing to the proceedings of a Magistrate having been sent to the High Court or to sessions Judge, it is impossible for an appellant to obtain a copy of the Judgment, the Court to which an appeal has been made should accept the petition of appeal, though not accompanied by a copy of the Judgment as required by law. The Court should then immediately write to the High Court or to the Sessions Judge, as the case may be, stating that an appeal has been made and ask for the return of the record and proceedings. 6. Bail before Nazir Whenever the Court of Session directs any person to be released on bail, the Sessions Court shall order such bail be given before the Nazir of the District Court or before such Magistrate as the Court may think most convenient. 7. Contents of Judgment The Judgment of the Appellate Court should contain the points for determination, the decision thereon and the reason for the decision (Section 387 read with Section 354 of the Code of Criminal Procedure, 1973)

4 8. Transmission of appellate judgment to the Trial Court The Court deciding an appeal or revision shall transmit a copy of its judgment to the Magistrate against whose decision the appeal or revision was preferred, or to his successor in office. In important cases, when the Magistrate, whose decision was appealed from or against whose decision the revision was preferred has been transferred to another station he should also personally be furnished with a copy of the judgment in the appeal or revision. 9. Paper Book As soon as the record of a case under appeal or revision is received by a Sessions Court from the Trial Court, the Record Keeper will arrange to get the necessary number of paper books prepared by the Section Writers or Clerks working under him. 10. The paper book shall contain Clearly readable xerox or typed copies of the following : (i) The dairy of Proceedings. (ii) List of property (iii) The complaint (if any) or its English translation and the charge. (iv) Depositions in English (v) Statements of the accused including written statements, if any (vi) The judgment or order appealed from or sought to the revised. (vii) Grounds of appeal or revision. Viii) Such other documents as the Sessions Judge by special or general order may direct to be included.

5 To each copy of the paper book should be prefixed an index in the following form : INDEX Serial No. Particulars Exhibit No. Page Care should be taken to see that the copies are accurately made and that there is no unnecessary increase in the bulk of the record by including pages which are pratically blank or otherwise. 12. The copies of the translations should be initialed as correct by the typist and the person translating the document (if any) and the Record Keeper. 13. The typed copies should bear their own independent paging and not he paging of the original record and the lines on every page should be numbered by the multiples of five as 5, 10, 15 and so on. 14. Ordinarily, 3 copies of paper books should be prepared in all cases, one for the use of the Court one for the use of the Public Prosecutor and one for the use of the accused or the opponent, as the case may be. The Sessions Judge may order more in any particular case. 15. The Copies shall be supplied to the Public Prosecutor free of cost. The copies supplied to the accused and other parties shall be charged at the rates mentioned in paragraph 16 below:

6 Provided that, if the defense of the accused in any case is arranged at the expense of the Government, a copy of the paper books shall be supplied free of cost to the lawyer or to each of the lawyers appointed at Government cost in such a case and that if after the appointment of such legal practitioner the accused appoints another lawyer, the copies already prepared and given to the lawyer appointed by the Court at Government cost may not be made available to the lawyer privately appointed by the accused except upon payment of the charges prescribed in paragraph 16 below : Provided further that the Court may, if in its opinion, the party is too poor to pay the cost of the paper book, order that a copy of the paper book should be supplied to such party free of cost. 16. The copies of the paper book to be supplied to the accused or any party to the proceedings or his lawyers on payment shall be charged at the rate of 6 p. per 100 words or part thereof in addition to the cost of the paper which shall be 2 p. for each sheet of foolscap size. 17. If any of the accused or parties to a proceeding desire that more than th number of copies prescribed in paragraph 15 above be prepared and supplied to him or them separately, he or they shall give intimation in that behalf to the Record Keeper before the expiry of one week from the receipt of the Record and Proceedings of the case from the Lower Court in the Sessions Court or such other further time as may be allowed by the Sessions Court and shall also deposit an amount or amounts sufficient to meet the costs of such extra copy or copies as may be determined by the Record Keeper. The Record Keeper shall thereafter arrange to supply such extra copy or copies each of which shall be charged as provided for in the foregoing paragraph. If the actual cost exceeds the amount

7 of deposit, the party or parties concerned shall make good the deficit and if any balance is left over from the deposit after meeting the charges of copies supplied, the same shall be refunded to the party or the parties concerned. 18. Where there are several accused or opponents concerned and arrangements have not been made with the office as provided in paragraph 17 above for extra copies, the accused or opponent first applying shall be entitled to get the copy reserved for him as mentioned in paragraph 15 on payment of the charges prescribed in paragraph 16. The rest of the accused or opponents shall make their own arrangements for getting copies pre pared for themselves 19. The orders in regard to the procedure relating to appeals against acquittals, contained in para 18(1) to (8) of Chapter XVII of Criminal Manual, should apply mutatis mutandis to applications for enhancement of sentences under Section 399 of the Code of Criminal Procedure, 1973.

CHAPTER XVII. Appeals to the High Court And Superintendence and. revision and transfer of cases by the High Court. Jail Petitions

CHAPTER XVII. Appeals to the High Court And Superintendence and. revision and transfer of cases by the High Court. Jail Petitions CHAPTER XVII Appeals to the High Court And Superintendence and revision and transfer of cases by the High Court Jail Petitions 1. Every officer in charge of jail on receiving a petition of appeal or a