HEARING OF APPEAL:PRACTICE AND PROCEDURE
LAW OF CRIMES-II
Division: C Roll No.:07 Class: BA. LLB
Under the guidance of:
Professor Vikram Singh and Professor Girjesh Shukla
Faculty Law Of Crimes
Symbiosis Law School, NOIDA
Symbiosis International University, Pune.
C E R T I F I C A T E
The project entitled Hearing Of Appeal:Practice And Procedure submitted to the Symbiosis Law School, NOIDA for Criminal Procedure Code as part of internal assessment is based on my original work carried out under the guidance of Professor Girjesh Shukla.The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on.
Signature of the candidate:-Abhishek Singh
It is a great pleasure for me to put on records our appreciation and gratitude towards Professor Girijesh Shukla for their immense support and encouragement all through the preparation of this report. We would like to thank for their valuable support and suggestions for the improvement and editing of this project report. Last but not the least, we would like to thank all the friends and others who directly or indirectly helped us in completing our project report.
An appeal is a process by which a judgment/order of a subordinate Court is challenged before its superior court. Only a person who has been party to the case before the subordinate Court can file an appeal. However, at the death of such a person, his legal heirs and successors in interest may as well as file or maintain an already filed appeal in many matters. The person filing or continuing an appeal is called the appellant and the concerned Court is termed as the appellate Court. A party to a case does not have any inherent right to challenge the judgment/order of a Court before its Superior Court. Appeal can be filed only if it is specifically allowed by any law and has to be filed in the specified manner in the specified Courts.
The redressal of legal grievances involves three-tier hierarchical judicial machinery comprising the Supreme Court situated in Delhi as the highest Court of the country. The High Courts situated in various States and Union Territories constitute the second tier of this hierarchial order in the descending order. The Courts in a particular State or a Union Territory Subordinate to their respective High Courts, are the lower most rung of the hierarchy.
There are certain special tribunals to adjudicate upon certain specific matters such as income tax, excise, company law the bank recovery cases, administrative tribunals, consumer tribunals, etc. Appeals from these tribunals may lie to the High Court or the Supreme Court.
APPEAL IS CONTINUATION OF TRIAL
An appeal is continuation of the original proceeding. A right of appeal carries with it a right of rehearing of the matter in its entirety on law as well as on facts. Therefore, an appellate court can do anything and everything which trial court can do. A court of appeal is a ‘court of error’ and its normal function is to correct the decision appealed from and its jurisdiction is co extensive with that of the trial court. There is no fetter to its power to do what the trial court can do. At the same time it cannot and ought not to do something, which the trial court is not competent to do.
CONVERSION OF APPEAL INTO REVISION AND VICE VERSA
As a general rule, a revisional court does not entertain revision petition against an order which is appealable. Section 401(4) of the code provides that the High Court will not entertain a revision at the instance of a party who could have filed an appeal and yet has not filed such appeal. It may, however, happen that an aggrieved party may not be aware whether an appeal lies against an order of a subordinate court. Sub...