To what court an appeal lies against conviction? Can there be an appeal, if the accused pleads guilty? Where does an appeal lie in case of an acquittal?

Question: To what court an appeal lies against conviction? Can there be an appeal, if the accused pleads guilty? Where does an appeal lie in case of an acquittal?

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Answer

The provision for appeal from convictions has been given under Section 374 of the CrPC. This section lays down certain rules regarding what court the appeal from conviction lies which are listed below:

1. 1. While exercising extraordinary original criminal jurisdiction, if High Court passes an order of conviction, an appeal shall lie to Supreme Court.
   2. If the Court of Session or Additional Court of Session passes the order of conviction during the trial, an appeal shall lie to High Court.
   3. If the Court of Session or Additional Court of Session gives a punishment of more than seven years, the appeal shall lie to
      High Court.
   4. Where a person is convicted by Assistant Court of Session, Metropolitan Magistrate Judicial Magistrate I, or Judicial Magistrate II, an appeal shall lie to the Court of Session.
   5. A person aggrieved under section 325, 360 of the Criminal Procedure Code can appeal to the Court of Session.

There are two exceptions to Section 374 CrPC i.e. Section 375 and section 376 of the Criminal Procedure Code.

Section 375 CrPC – No Appeal in certain cases where the accused pleads guilty

Where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal

• if the conviction is by a High Court; or
• it the conviction is by a Court of Session, Metropolitan Magistrate, or Magistrate of the first or second class, except as to the extent or legality of the sentence.

The rationale behind the above Section 375 is that a person who deliberately pleads guilty cannot be aggrieved by being convicted. When a person is convicted by any court on the basis of his own plea of guilty, he cannot and should not have any grouse against the conviction and hence is not entitled to appeal from such a conviction. However, if the plea of guilty is not a real one and is obtained by trickery, it is not a plea of guilty for the purposes of the above rule.

Section 378 CrPC – Appeal in Case of Acquittal

In this section, District Magistrate is empowered to direct the public prosecutor to file an appeal to the Court of Session for the order of acquittal done by any Magistrate in a matter of cognizable and non-bailable offence.

Appeal against an order of acquittal is an extraordinary remedy. Where the initial presumption of innocence in favour of the accused has been duly vindicated by a decision of a competent court, an appeal against such a decision of acquittal means putting the interests of the accused once again in serious jeopardy. Therefore the restrictions on the preferring of an appeal against acquittal as envisaged by Section 378 are intended to safeguard the interests of the accused person and to save him from personal vindictiveness. According to the first four subsections of Section 378, an appeal against an order of acquittal can be preferred only:

i) by the government, and

ii) in a case instituted upon complaint, by the government as well as by the complainant.

Thus, State is also empowered to direct the public prosecutor to file an appeal for the order acquittal done by any court other than High Court for appeal or revision. It is to be noted that prior permission from the High Court will be taken before filing an appeal at the High Court.

If an order of acquittal is given in a matter of case instituted on complaint, and High Court grants special permission to present the appeal, then such appeal can be presented by the complaint.

• If the complainant is a government servant, then the application can be moved within six months from the order of acquittal.
• If the complainant is not a government servant, then the application can be moved within 60 days from the order of acquittal.

However, if such an appeal is rejected, no appeal from an order of acquittal shall lie.

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