CRIMINAL APPEAL- the plain language of Sections 385-386 does not contemplate dismissal of the appeal for non-prosecution simpliciter. On the contrary, the Code envisages disposal of the appeal on merits after perusal and scrutiny of the record.
CRIMINAL APPEAL
The appellant was convicted under S. 302 of the Indian Penal Code and sentenced to imprisonment for life by the High Court of Andhra Pradesh. He was granted special leave to appeal by this Court. During the pendency of...
If permission granted for appeal-The appeal will be heard by the Court of Appeal Criminal Division. You’ll get a letter before the hearing to let you know when and where it’ll take place. Your legal representative ( your barrister) will present...
Criminal Appeal – Ordinarily, the following cases shall be registered as criminal appeals – (1) appeals by certificate under Articles 132(1) and 134(1)(c) read with Order XX of the Rules; (2) appeal under Article 134(1)(a) and (b) or made any other provision...
If counsel for accused failed to appear the court can appoint advocate on State cost for hearing
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Since the order of conviction and sentence in the present matter has been confirmed without hearing either the appellants or counsel for the appellants, the order must be set aside
What are powers of the appellate court while dealing with an appeal against an order of acquittal
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Supreme Court in Motiram Padu Joshi and Others Vs. State of Maharashtra –Criminal Appeal No. 1479 of 2015 decided on July 10, 2018, held :- From the above decisions, in our considered view, the following general principles regarding powers...
LAST SEEN THEORY EXPLAINED: There is no eye witness to the occurrence but only circumstances coupled with the fact of the deceased having been last seen with the appellant. Criminal jurisprudence and the plethora of judicial precedents leave little room...
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