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Old Sunday, November 14, 2010
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Default Powers of appelate court

Q: Discuss the Powers of appellate court regarding disposal of Appeal?
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Ans.: Appeal, Appellate Court and Appeal procedure:

The word Appeal is an undefined expression; it means the removal of a cause from an inferior Court to a superior one for the purpose of testing the soundness of

the decision of inferior Court, Appellate Court means the Court in which Appeal can be filed against judgment of the trial Court. The procedure for Appeal is that,

when accused is brought before the trial Court in a criminal case, his case is tried upon evidences produced by the parties and thereafter the Court gives its

decision. This is called judgment of the trial Court. But in-order to challenge its validity the powers of Appeal are conferred upon Superior Courts by Cr.P.C., so the

right of Appeal is provided by the law to a person, who is not satisfied with the decision of the trial court.

Procedure before disposing-of Appeal:

According to sections (419), (420), (421) and (422) ofCr-.P.C, the following procedure is provided before disposing of Appeal:

1. Petition of Appeal:

According to section (419), "Every Appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall

(unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order Appealed against."

2. Procedure when appellant in Jail:

According to section (420), "If the appellant is in Jail, he may present his petition of Appeal and the copies accompanying the same to the officer in charge of the Jail,

who shall thereupon forward such petition and copies tothe proper appellate Court.'

3. Summary Dismissal of Appeal:

According to section (421), "On receiving the petition and copy under section (419) or section (420), the Appellate Court shall peruse the same, and, if it considers

that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that no appeal presented under section (419) shall be dismissed

unless the appellant or his pleader has had a reasonable opportunity of being heard insupport of the same. Before dismissing an appeal under this section, the

court may call for the record of the casebut shall not be bound to do so.'

Notice of Appeal:

According to section (422), "If the Appellate Court does not dismiss the Appeal summarily, it shall cause notice to be given to the appellant or his Pleader, and to

such officer as the Provincial Government may appoint in this behalf, of the time and place at which such appeal will be heard, and shall on the application of such

officer, furnish him with the copy of grounds of appeal.

And, in cases of appeals under section (411-A), sub-section (2) or section (417), the Appellate Court shall cause a like notice to be given to the accused."

Powers of Appellate Court in disposing of Appeal:

According to section (423), "The Appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and

hearing the Appellant and his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an Appeal under section (411-A) sub-section (2) or

section (417), the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the Appeal, or mayŚ

(a) in an Appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retired or sent for trial to the Court of

Session or the High Court, as the case may be or find him guilty and pass sentence on him according to Law;

(b) in an Appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retried by a Court of competent

jurisdiction subordinate to such Appellate Court: or sent for trial, or

(2) alter the finding, maintaining the sentence, or, with or without such reduction and with or without altering the finding, alter the nature of the sentence, but subject

to the provisions of section (106), sub-section (3), not so as to enhance the same;

(c) in an Appeal from any other order, alter or reverse such order;

(d) make any amendment or any consequential or incidental order that may be just or proper."

Additional Evidence:

In dealing with an Appeal the Appellate Court is also empowered, after recording its reasons to take additional evidence or direct it to be taken by a subordinate

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