A is tried by a court of session and he is convicted. The court passes a sentence of imprisonment for two months and Rs. 200 as a fine. A wants to file an appeal in the High Court against his conviction. Advice.

Question: A is tried by a court of session and he is convicted. The court passes a sentence of imprisonment for two months and Rs. 200 as a fine. A wants to file an appeal in the High Court against his conviction. Advice. [UPCJ, 1997]

Find the answer only on Legal Bites. [A is tried by a court of session and he is convicted. The court passes a sentence of imprisonment for two months and Rs. 200 as a fine. A wants to file an appeal in the High Court against his conviction. Advice.]

Answer

The provision regarding an appeal from convictions is laid down under Section 374 of the Code of Criminal Procedure. As per the provision, if the Court of Session or Additional Court of Session passes the order of conviction during the trial, an appeal shall lie to the High Court.

However, as per Section 376(b) CrPC, there shall be no appeal by a convicted person where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of a fine not exceeding two hundred rupees, or of both such imprisonment and fine.

Thus, applying the aforesaid provisions to the present case at hand, the session’s court has passed a sentence of imprisonment for two months and Rs. 200 as a fine. Hence, as per this provision, the appeal is not maintainable in the present case because the appellant has been sentenced to imprisonment for a term not exceeding three months or a fine not exceeding two hundred rupees, or both such imprisonment and fine.

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