Appeal against the order of acquittal and inadequacy of sentences

Author Topic: Appeal against the order of acquittal and inadequacy of sentences  (Read 669 times)

Offline Sonali_Rani

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 Section 417 and 417 A of Code of Criminal Procedure enumerate the the forum and the procedure of filling appeal if the prosecution is aggrieved against the order of acquittal or inadequate sentence.


1) Subject to the provisions of sub-section (4), the Government may, in any case, direct the Public Prosecutor to present an appeal-

(a)   to the High Court Division from an original or appellate Order of acquittal passed by any Court of Session;   



(b) to the Court of Session from an original or appellate Order of acquittal passed by any Magistrate.   



3 (2) But if such an order is passed in any case instituted upon complaint, and if the order involves an error of law occasioning failure of justice, the complainant may present an appeal-   



(a) to the High Court Division from an original order of acquittal passed by any Court of Session;   



(b) to the Court of Session from an original order of acquittal passed by any Magistrate.   



(3) No appeal by the complaint from an order of acquittal shall be entertained by the High Court Division  or a Court of Session after the expiry of sixty days from the date of the order of acquittal.   



(4) If, in any case, the admission of an appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section.


417A.(1) The Government may, in any case of conviction on a trial held by any court, direct the Public Prosecutor to present an appeal to the High Court Division against the sentence on the ground of its inadequacy.

(2) A complainant may, in any case of conviction on a trial held by any Court, present an appeal to the Appellate Court against the sentence on the ground of its inadequacy:

Provided that no appeal under this sub-section shall be entertained by the Appellate Court after the expiry of sixty days from the date of conviction.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Appellate Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

If we analyze the above mentioned section the we can see that in case of acquittal the appellate forum is normal but in case of inadequacy under section 417A except the case of complaint every appeal against the order passed by any court the public prosecutor shall prefer it to the High Court Division.