SHORT NOTE ON CRIMINAL APPEAL

Question and Answer on Criminal Appeal under Cr.P.C.:

Question/ Answer

QUESTION: Discuss provisions relating to appeal by the State/ Central Government against inadequate sentence. Whether appeal can be filed on the ground of inadequacy of sentence against the order of the High Court? Whether the appellate court may enhance the sentence in appeal? If, so what are the formalities? Whether, during hearing of the said appeal, the accused may plea for his acquittal or for reduction of the sentence?

ANSWER:

1. Provision: Section 377
2. Who can file appeal on the ground of inadequacy of sentence: Section 377 empowers the State and the Central Government to file an appeal against conviction on the ground of its inadequacy.
3. Direction to PP: The State/ Central Government may direct the Public Prosecutor to present appeal on the ground of inadequacy of sentence.
4. Appeal against whose order?: Appeal under Section 377 may be filed against the order of any court except High Court. Thus, no appeal can be filed on the ground of inadequacy of sentence in a conviction order passed by the High Court.
5. Appeal to which court?: Appeal shall be preferred to—
   • The Court of Session—If sentence is passed by the Magistrate;
   • The High Court—If sentence is passed by any other court.
6. Enhancing of sentence in appeal: The Appellate Court (i.e. Court of Sessions or the High Court as the case may be) may enhance the sentence after hearing the accused on enhancement of sentence.
7. Accused right during hearing u/s 377: While hearing of an appeal, the accused has right—
   • to plead for his acquittal
   • to plead for reduction of sentence.
8. Abatement of appeal: On the death of the accused, the appeal regarding inadequacy of sentence shall abate as per mandate u/s 394.