Criminal Appeal
The right of appeal is a statutory right that is governed by the statute that grants it. It is the legal process of reviewing the decision made by a lower court by a higher court. This involves the examination of the evidence, facts, and proceedings of the lower court to assess if any errors were made in the ruling. The Supreme Court of India, under Article 134 of the Indian Constitution, has the power to grant appeals from the judgments of the High Courts.
The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 further provides additional powers to the Supreme Court to entertain and hear appeals from the High Courts.
The accused has the right to appeal to the Supreme Court if the High Court has reversed an order of acquittal on appeal by convicting him and sentencing him to imprisonment for life or ten years or more or to death. The accused can also file an appeal if more than one person has been convicted in a trial. The law also lays out specific circumstances under which no appeal shall lie. These provisions are provided in Section 265G, Section 375 and Section 376 of The Code of Criminal Procedure, 1973.
Case law regarding appeals has been established in numerous cases. In the case of Arun Kumar vs. State of Uttar Pradesh, the Supreme Court held that if the High Court found that the view taken by the Sessions Judge to acquit the appellants was manifestly wrong, and it led to a miscarriage of justice, the High Court was justified in setting aside the acquittal and convicting them.
An appeal is an instrument of interest of justice. It is not a retrial of the case, and the appellate court reviews the record of the lower court’s proceedings to determine whether there are adequate grounds to grant the appeal. The record includes all pre-trial and post-trial motions, all evidence admitted to the court and a word-for-word trial transcript. In addition, parties can submit written briefs that frame the legal issues raised on appeal and set forth legal arguments to support their position.
A criminal appeal can be a powerful legal tool to seek justice and protect your rights in the face of a criminal conviction. At our law firm, we understand the complexity and urgency of criminal appeals, and we’re here to provide the guidance and support you need to build a strong case and seek the best possible outcome.
Our experienced team of attorneys has a deep understanding of criminal appeal law and the steps necessary to navigate the appellate process successfully. We work closely with our clients to analyze their cases, identify potential legal issues, and build a strong case for appeal.
If you’re considering filing a criminal appeal or have questions about the process, we encourage you to contact us today to schedule a consultation.