The parties are given the right to appeal in court in the Indian penal system. The right of appeal is not a fundamental right or natural right but this right is a statutory right.

Appeal in court
This right which is made available to the parties under any law. If no provision of appeal in court is mentioned in any law, in such a situation the right of appeal is not obtained. Neither party will get the right of appeal like a natural right. The right of appeal to a person is obtained through law and not in the name of natural or human rights.

Appeal in Court

A chapter named Appeal has been given under the Indian Penal Procedure Code 1973. All the provisions related to appeals in court in criminal cases have been mentioned in this chapter. 

How will there be an appeal in court in any criminal case and where there will not be an appeal in court and where there will be an appeal! In this regard, full provisions have been made in this chapter. The term used in section 372 of this Chapter of Appeal emphasizes that no appeal can be filed unless otherwise provided. The provision of this section makes it clear that the right to appeal is neither a fundamental right nor an inherent right, but it is such a right conferred by the Statute.

In the case of Durga Shankar Mehta v. Raghuraj Singh AIR 1954 Supreme Court 520, the Supreme Court has held that a person does not have the inherent power to appeal against any decision. Such right can be exercised only if the said right has been conferred by the statute. The decision of the Supreme Court of India made it clear that the right of appeal is not a fundamental right.

Through this article the author is mentioning some specific things in the context of the appeal from conviction.

Appeal in court from conviction (including Section 374 Criminal Procedure) 

Under Section 374 of the Code of Criminal Procedure, detailed provisions have been made in connection with the appeal of conviction. In this section all the appeals process is available which are necessary after an accused is convicted in any prosecution.

Any accused are tried by the initial court. If the accused is convicted in the trial of this initial court, in such circumstances, the accused gets the right of appeal in court . Provisions are found under Section 374 of the Code of Criminal Procedure for how an accused can appeal to the Court of Appeal in a conviction.

The section provides provisions for appeals against convictions. 

According to this section, any person-

1) If found guilty by trial by the High Court under extraordinary initial criminal jurisdiction, it can appeal against the said conviction to the Supreme Court. 

 2) If such a person is punished with imprisonment for a term of 7 years or more as a result of conviction in the trial conducted by the Sessions Judge Additional Sessions Judge or by the other Court, he can appeal in the High Court. 

Except the above provisions- 

1) Any person convicted in the trial made by the Metropolitan Magistrate or Assistant Sessions Judge or Magistrate First Class or Magistrate Second Class or  
2) who is punished under section 325. 

 3) In respect of which order has been given by a magistrate under section 360 or the sentence has been passed, then the appeals against the said convicts can be held in the sessions court.

When does the High Court summarily dismiss the appeal! 

When the logical point in the case is clear and free from mutually contradictory position, it is appropriate to dismiss the appeal by the High Court briefly. It is noteworthy that additional sessions and assistant sessions courts will also be considered in the session court.

In the case of State of Uttar Pradesh vs Jagdish Singh, it is said that whenever a criminal appeal is disposed of by the High Court, it is necessary to mention its reasons to the court.

 In Malik Pratap Singh v. Khan Mohammad's case it has been postulated by the court that where libel is concerned it is not considered to be original judgment hence any appeal against the discharge order when the magistrate's order of discharge of the accused is passed But cannot set aside the order of discharge passed by the Magistrate in the High Court.

In the case of Narayan Singh v. State of Madhya Pradesh, the trial court, in its judgment, had convicted the accused on the basis of improper, flawed or erroneous concepts which were overturned by the High Court in the appeal. Appeal was filed against the Supreme Court, the Supreme Court justified the High Court's decision justifying the conviction of the appellant because in hearing the appeal against the conviction, the High Court was required to make its own arguments by making an independent decision based on the record of the case is. 

In the suit of the State of West Bengal v. Babu Chakraborty, the High Court in the appeal against the conviction of the accused for the negligence of his duty by the police, was pleased to pass the Strictures against him and directed the State He was to give ₹ 100000 as compensation to the accused and ensure the recovery police from one of the alleged guilty police officers.

In an appeal against this order of the High Court, the Supreme Court decided that there was no justification for the High Court to pass prejudice against police officers as they were not given an opportunity to be heard.

The court said that the remarks made against the police officers for not proving malice were removable from the judgment as their proceedings were under legal protection under Section 69 of the Narcotic Drugs and Narcotics Act, NDPS Act and they discharged their duties. Followed with goodwill

In the case of Akhtari B v. State of Bihar AIR 2001 Supreme Court 1528, the Supreme Court ruled that the order of the trial court does not get final in the termination of the appeal due to the statutory right of the appeal plaintiff. Therefore, it is believed that the accused continues to be tried despite being punished.

Therefore, especially where the accused is lodged in jail, the High Court is required to settle his appeal as quickly as possible and in any case not to exceed 5 years. The appeal is not settled in 5 years for any reason and if there is no possibility of such settlement yet, the accused should be released on bail with reasonable conditions.


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