INTRODUCTION:

The term “appeal” has not been defined in the code. According to the dictionary meaning,
an appeal is a complaint or grievance to a superior court for reconsideration or review of a
decision, verdict or sentence of a lower court. It has been said that every human being is
fallible and a judge is not an exception. It is thus possible that even a judge may err or
commit mistake and his decision may be wrong or faulty. Article 21 of the Constitution Of
India guarantees life and liberty to every citizen, small or big, rich or poor, as one of the
Fundamental Rights. It is therefore, necessary that a person aggrieved by an order of the
court of the first instance may be able to challenge it by preferring an appeal. An appeal is a
method of correction of manly error or solution of human frailty.

RATIONALE:

The process of criminal justice has some serious consequences on an individual’s life,
primarily on the right to life and personal liberty. Each and every institution built by humans
is prone to
fallibility; therefore, this applies to the decisions rendered by courts as well. Resultantly,
there should be specific provisions in place so as to scrutinize the decisions of lower courts in
order to obviate the scope of miscarriage of justice. Realizing this aspect, there are certain
provisions which have been included in the criminal procedure on appeal against a judgment
or order of
criminal courts. CrPC contains elaborate provisions on appeals starting from Section 372 to
Section 394.

SECTION 375- NO APPEAL WHEN ACCUSED PLEADS GUILTY

Section 375 of the Code states that no appeal lies against orders of conviction if the
conviction is made after the accused pleaded guilty of the offence charged with. The
sentence can be passed by the Magistrate or Court of Session or the High Court after hearing
the guilty plea of the accused. The only condition precedent to the application of this section
is that the accused must plead guilty of the offences he has been charged with.
The rationale behind this section is that a person who deliberately pleads guilty cannot be
said to have been aggrieved by being 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 purpose of this section. It is only when
there is a genuine plea of guilty made freely, and voluntarily that the bar under section 375
would apply.
Thus, any guilty plea does not act as a bar to appeal but the plea must be voluntary, with the
knowledge that the plea will result in a conviction and with the willingness to accept the
punishment awarded by the court. The exception to this rule of no appeal is provided in
Section 375 (b). The provision states that appeal can be allowed in cases where the accused
pleads guilty if the appeal relates to the extent or legality of the sentence imposed by the
court.
Under Section 29 of the Cr.P.C, the Magistrate is empowered to pass a sentence of
imprisonment not exceeding three years while Chief Judicial Magistrate can pass a sentence
not exceeding seven years. If the authority is transgressed, it amounts to illegality in
sentencing and appeal can be allowed even if the accused pleaded guilty.
Moreover, if after pleading guilty, the accused feels that the sentence passed by the trial
court or any other court of the first instance is too harsh, an appeal can be allowed in such
circumstances as well to allow the accused to argue on the extent of the sentence, i.e.
imprisonment or/and fine.

SECTION 376 - NO APPEAL IN PETTY CASES

According to Section 376 of the Code, an appeal cannot be taken from a criminal case that is
considered petty in the eyes of law as prescribed under Clauses ‘a’ to ‘d’ of Section 376. This
provision is applicable only for appeal against an order of conviction by the accused and not
against an order of acquittal by the government. The following cases are considered to be
petty under Section 376:

(a) Where the only sentence is one of imprisonment upto 6 months, or of fine upto Rs 1000,
or of both, and is passed by High Court, or
(b) Where the only sentence is one of imprisonment upto 3 months or of fine up to Rs. 200,
or of both, and is passed by a Sessions Court or Metropolitan Magistrate, or
(c) Where the only sentence is one of fine up to Rs. 100, and is passed by a Magistrate of the
first class, or
(d) Where the only sentence is one of fine up to Rs. 200, and is passed in a summary trial by
a Chief Judicial Magistrate, a Metropolitan Magistrate, or a first class Magistrate specially
empowered by the High Court.

An appeal may be brought in the above mentioned cases, if any other punishment is
combined with any such sentence. However, such sentence shall not be appealable merely
on the ground:
(i) that the person convicted is ordered to furnish security to keep the peace, or
(ii) that a direction for imprisonment in default of payment of fine is included in the
sentence, or

(iii) that more than one sentence of fine is passed in the case, if the total amount of the fine
does not exceed the amount hereinbefore specified in respect of the case.

For the purpose of appeal, aggregate of consecutive or concurrent sentences passed against
the accused shall be deemed to be a single sentence. Thus where two sentences of fine are
passed, it is the aggregate which is to be looked at for the purpose of determining the right
of appeal.
An appeal under Section 376 cannot be barred if the offence so punished as aforementioned
is combined with some other offence or any other punishment which is not stated in this
provision.

SECTION 377- APPEAL BY STATE GOVERNMENT

Section 377 confers right on the Government to file an appeal against the inadequacy of
sentence awarded by any court other than a High court. If the sentence appears to be
manifestly inadequate resulting in failure of justice, the appellate court can interfere with it and
can enhance the sentence. But at the same time, the high court can also exercise its revisional
jurisdiction, suo motto call for the record and enhance the sentence in appropriate cases after
giving an opportunity to the accused. The appellate court must pass a speaking order for
enhancing the sentence. A bold statement that the ends of justice demanded enhancement of
sentence was held insufficient by courts.
An appeal under Section 377 must be filed by the State within a period of 60 days and the
contention of the State that it was under a mistaken belief that period of limitation is ninety
days would be no excuse for condonation of the delay.

SECTION 386- Power of the appellate court

Section 386 of the Code specifies powers of the appellate court. It provides that after perusing
the record and after hearing the parties, the court may dismiss the appeal, allow the appeal or
pass any other order that may appear to it be just and proper.

It includes appeal –
 Against Acquittal
 Against conviction
 For enhancement of sentence
  From other orders
Clause (d) of section 386 applies to all orders other than that of conviction, or of acquittal, or for
enhancement of sentence. The power which the appellate court possess is of alteration or reversal
of the order of the lower court. 1 According to Section 386(e) of the Code, the appellate Court
may make any amendment or any consequential or incidental order that may be just or proper.

Section 378 : Appeal in case of acquittal

If the case is cognizable and non-bailable offence and the acquittal is passed by the Magistrate
then the District Magistrate direct the Public Prosecutor to present an appeal to the Court of
Session. If the Acquittal is passed by any other court other than High Court or the Court of
Session in revision then the State Government may direct the Public Prosecutor to present an
appeal. If the offence has been investigated by the Delhi Special Police Establishment or any
agency Empowered by the Central Act then the Central Government may also direct the Public
prosecutor .
Except with the leave of High Court no appeal shall be entertained under Sub section (1) or Sub
Section (2). If such an order of acquittal is passed and on application made by the complainant,
the High Court can grant special leave to appeal and the complainant may present such appeal
to High Court.
Appeal against an order of acquittal is an extraordinary remedy. In exercising this power the
High Court should give proper weight and consideration to “Very substantial and compelling
reasons. “Very substantial and compelling reasons” exist when:
1. The trial court’s conclusion with regard to the facts is palpably wrong;
2. The trial court’s decision was based on an incorrect view of law;
3. The trial court’s judgment is likely to result in “grave miscarriage of justice”;
4. The entire approach of the trial court in dealing with the evidence was patently illegal;
5. The trial court’s judgment was manifestly unjust and unreasonable;
6. The trial court has ignored the evidence or misread the material evidence or has ignored
material documents like dying declarations/ report of the Ballistic expert, etc.
This list is intended to be illustrative, not exhaustive.
The Appellate Court must always give proper weight and consideration to the findings of the
trial court. If two reasonable views can be reached – one that leads to acquittal, the other to
conviction – the High Court’s/appellate courts must rule in favour of the accused.

1
Gul Zaman v. Emperor AIR 1943 Pes 6