Exam

Seat No -
Total number of questions : 60
LLB310 CODE OF CRIMINAL PROCEDURE

Time : 90 Minutes
N.B
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* This is a Multiple Choice Question (MCQ) type test. You can go back to the previous questions.
* Please attempt all questions. All questions carry equal marks.
* The test should be submitted only when it is completed in all aspect.
Q.no 1. The power of the Magistrate to order person to give specimen signature or handwriting is
incorporated in Cr.P.C.:
A : By Code of Criminal Procedure (Amendment) Act, 2009, u/s 311 A.
B : By Code of Criminal Procedure (Amendment) Act, 2013, u/s 311 A.
C : By Code of Criminal Procedure (Amendment) Act, 2005, u/s 311 A.
D : By Code of Criminal Procedure (Amendment) Act, 1978, u/s 311 A.
Q.no 2. In any case where the court could have dealt with an accused under Section 360 Cr.P.C., but
has not done so:
A : It need not record any reasons for not having done so.
B : It must record the special reasons for not having done so.
C : It must record the special reasons for not having done so only in special circumstances.
D : recording of reasons depends of the designation of the court.
Q.no 3. Mark the Correct statement:
A : When charges are amended and witnesses are examined there should be examination of the accused u/s
313 Cr.P.C. again, and where not done the conviction of the accused is not sustainable and is liable to be set
aside .
B : When charges are amended and witnesses are examined there is no need for examination of the accused
u/s 313 Cr.P.C. again, and where not done the conviction of the accused is sustainable and is not liable to be
set aside .
C : When charges are amended and witnesses are examined there may be examination of the accused u/s 313
Cr.P.C. again, and where not done the conviction of the accused may still be sustainable and may not be
liable to be set aside.
D : Both A and C are correct.
Q.no 4. Under Section 389(3) Cr.P.C. the trial court can release an accused person after conviction on
bail if:
A : Where such person, being on bail or not, is sentenced to imprisonment for a term not exceeding three
years.
B : Where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years.
C : Where the offence of which such person has been convicted is a bailable one, whether he is on bail or not.
D : Both A and C.
Q.no 5. Under which of the following sections, a Court of session can take the cognizance of the offence
without committal proceedings:
A : Section 199 Cr. P.C.
B : Section 190 Cr. P.C.
C : Section 200 Cr. P.C.
D : Both A and B.
Q.no 6. Which amongst the following can’t be said to be acts forming “same transaction”- (i)Theft of a
cart from one house, and theft of two bullocks from another house in order to remove the cart. (ii)
Forgery, abetment of forgery and use of the forged document in the civil court. (iii) Receiving some
property stolen on a particular occasion and assisting to conceal some other property on that occasion.
(iv) Kidnapping a boy, and after a couple of days, assaulting the boy’s mother when she came to ask
for her son
A : (i), (ii) and (iv)
B : Only (iv)
C : Both (iii) and (iv)
D : Only (i)
Q.no 7. For appointment of a Special Public Prosecutor ow many years of experience is required as a
practicing lawyer:
A : 5 Years
B : 7 Years.
C : 10 Years.
D : Depends on the discretion of High Court.
Q.no 8. Can a person be charged both for the offence of cheating and Criminal misappropriation for a
single transaction ?
A : Yes, the person can be charged for both the offences simultaneously
B : No, The person cannot be charged for both the offences in a single transaction
C : Depends on the facts of the case
D : None of the above.
Q.no 9. If a complaint is merged with police report, the procedure followed for trial:
A : Shall be of the complaint case.
B : Shall be of case instituted on Police report.
C : Shall be one as directed by the Magistrate.
D : Shall be as directed by the court of session.
Q.no 10. (i) Section 93 and 94 “expressly and impliedly” confers the power to seize and take possession
of the document and thing. (ii) A search warrant u/s 93 can be issued to any person including a police
officer, whereas u/s 94 it can be issued only to a police officer. (iii ) For a search warrant u/s 93 and 94,
criminal proceeding at any stage is a prerequisite. Amongst the aforesaid statements regarding
warrants issued u/s 93 and 94:
A : (i) (ii) are correct and (iii) is incorrect statement.
B : (i) (iii) are incorrect and (ii) is correct statement.
C : (ii) (iii) are correct and (i) is incorrect statement.

D : All are correct statements.
Q.no 11. When an appeal has been filed against a sentence passed u/s 376, 376A, 376AB, 376B, 376C,
376D, 376DA, 376DB, 376E of IPC, the appeal shall be disposed of:
A : Within a period of three months from the date of filing of such appeal.
B : Within a period of six months from the date of filing of such appeal.
C : Within a period of nine months from the date of filing of such appeal.
D : Within a period of two months from the date of filing of such appeal.
Q.no 12. Mark the correct statement regarding amendment in Cr.P.C. provisions to be done by State
Government:
A : Cr.P.C. can be amended by an Act, Ordinance or by simple notification issues by the State Government.
B : Cr.P.C. can be amended by the State Government even by a State Act after obtaining assent from the
President of India.
C : Cr.P.C. can be amended by the State Government by a State Act even without assent from the President
of India.
D : Both A and C are Correct
Q.no 13. Under which section of Cr.P.C., Sessions Court exercises power of appeal from convictions:
A : Sec. 372 Cr.P.C.
B : Sec. 373 Cr.P.C.
C : Sec. 374 Cr.P.C.
D : Sec. 375 Cr.P.C.
Q.no 14. Memorandum of Arrest prepared u/s 41B: i) is to be signed by at least one witness who can be
either member of the family or a respectable member of the locality.
ii) is to be countersigned by the person arrested.
iii) is to be signed by at least two witness who can be either member of the family or respectable
members of the locality.
A : Both (i) and (ii).
B : Only (i).
C : Both (ii) and (iii).
D : Only (ii).
Q.no 15. Which of the following actions cannot be done by the High Court while exercising its
revisional powers u/s 401 Cr.P.C.:
A : Exercising Jurisdiction u/s 401 at the instance of a person who is total stranger to the proceeding.
B : Hearing a party who is in contempt of court.
C : Interfering with the conviction even after the expiry of sentence.
D : All of the above.
Q.no 16. Which of the following option is “correct” regarding search warrant u/s 94: (i) Section 94
does not contemplate a prior criminal proceeding as a condition precedent for issuing a warrant. (ii)
Section 94 contemplates a prior criminal proceeding as a condition precedent for issuing a warrant.
(iii) Section 94 does not expressly confer the power to seize and take possession of the document or
thing. ( iv) Section 94 expressly confer the power to seize and take possession of the document or thing.
A : (ii) and (iv) are correct.
B : (ii) and (iii) are correct.

C : (i) and (iv) are correct
D : (i) and (iii) are correct.
Q.no 17. Mark the CORRECT statement:
A : Any statement made by a person accepting the tender of pardon and recorded by a court u/s 306(4) can be
given in evidence against him.
B : When committal has been made by the magistrate without examining the approver the committal is
illegal and liable to be set aside.
C : both A and B are correct
D : Only A is incorrect.
Q.no 18. “X” who is competent to compound the offence u/s 320 Cr.P.C. dies before such
compounding:
A : Offence cannot be compounded in any circumstance.
B : Offence can be compounded by the legal representative of such person but with the consent of the court.
C : Offence can be compounded by the legal representative of such person even without the consent of Court.
Q.no 19. The definition of “victim” was add in Cr.P.C. by the Cr.P.C. (Amendment) Act of:
A : 2005
B : 2009
C : 2013
D : 1973
Q.no 20. Regarding the reconsideration of application of pardon once rejected, which of the following
legal standpoints are valid:
A : If the Magistrate first class inquiring into the offence declined to grant pardon no further application can
be entertained for such grant by the same magistrate or Chief Judicial Magistrate.
B : If the Magistrate first class inquiring into the offence declined to grant pardon further application can be
entertained for such grant by the same magistrate or Chief Judicial Magistrate.
C : If the Magistrate first class inquiring into the offence declined to grant pardon further application can be
entertained for such grant only by Chief Judicial Magistrate and not by same Magistrate.
Q.no 21. The maximum term of imprisonment awardable in a summary trial is:
A : Three months.
B : Six Months.
C : one year.
D : Two years.
Q.no 22. In a complaint case, before the issuance of process against the accused:
A : He (accused) has a right to participate in the proceedings.
B : He (accused) no right to participate in the proceedings.
C : He (accused) has a right to watch the proceedings.
D : Both B and C.
Q.no 23. Immediate treatment of victims against whom offences fall within the category of 376AB,
376DA, 376DB, has been included:
A : In Section 357B Cr.P.C. in the year 2013.
B : In Section 357B Cr.P.C. in the year 2018.
C : In Section 357C Cr.P.C. in the year 2013.
D : In Section 357C Cr.P.C. in the year 2018.
Q.no 24. A complainant “X” moves an application u/s 257 Cr.P.C, for withdrawing his complaint
against “Y” in a Summons Trial:
A : The Magistrate can still proceed with the trial if not convinced with the rounds of such withdrawal.
B : The Magistrate cannot proceed with the trial after such withdrawal of complaint in summons trial.
C : The Magistrate cannot proceed with the trial after such withdrawal if the evidence of principal witnesses
is recorded even if he is convinced with the sufficiency of grounds of such withdrawal.
D : The Magistrate can proceed with the trial after such withdrawal if he is convinced with the sufficiency of
grounds of such withdrawal and the evidence of principal witnesses is not yet recorded.
Q.no 25. The Courts of Judicial Magistrates of the First Class/ Second Class in every district are
established by the:
A : State Government.
B : State Government after consultation with the High Court.
C : High Court.
D : Either B or C.
Q.no 26. For relief under Section 482 Cr.P.C.:
A : No limitation period has been prescribed for applications.
B : Availability of alternative remedy of criminal revision u/s 397 is a ground to dismiss an application u/s
482 of Cr.P.C.
C : Both A and B.
D : Neither A nor B.
Q.no 27. The limitation period for applying in the High Court for setting aside the declaration of
forfeiture made u/s 95 Cr.P.C.:
A : Is one month as provided u/s 96 Cr.P.C.
B : Is two months as provided u/s 96 Cr.P.C.
C : Is Six months as provided u/s 96 Cr.P.C.
D : No such limitation period is provided u/s 96 Cr.P.C.
Q.no 28. Constitutionality of ----------------------- provision dealing with execution of death penalty by
hanging was challenged in ----------------------:
A : 353(4) of Cr.P.C.; Deena v/s Union of India AIR 1983 SC 1155.
B : 353(4) of Cr.P.C.; Kehar Singh v/s Union of India 1989 SC 653.
C : 354(5) of Cr.P.C.; Deena v/s Union of India AIR 1983 SC 1155.
D : 354(5) of Cr.P.C.; Kehar Singh v/s Union of India 1989 SC 653.
Q.no 29. The Chief Judicial Magistrate after the completion of trial shall forward a copy of his finding
and sentence to the :
A : District Magistrate.
B : Court of Session.
C : Either A or B.
D : Both A and B.
Q.no 30. Which section provides for summary dismissal of appeals:
A : Sec. 383. Cr.P.C.
B : Sec. 384 Cr.P.C.
C : Sec. 385 Cr.P.C.
D : Sec. 386 Cr.P.C.
Q.no 31. Session Judge or a Magistrate shall record the reasons for making the orders if are made
under:
A : Section 408 Cr.P.C.
B : Section 410 Cr.P.C.
C : Both A and B.
Q.no 32. Who can make rules or give special orders from time to time consistent with Cr.P.C. as to the
distribution of business among the subordinate Judicial Magistrate?
A : Chief Judicial Magistrate.
B : Assistant Session Judge.
C : Additional Session Judge or Session Judge.
D : Either B or C.
Q.no 33. A Metropolitan Magistrate may pass a sentence of imprisonment for a term not exceeding:
A : One year.
B : Three years.
C : Four years.
D : Five years.
Q.no 34. Which of the following actions will vitiate the proceedings by the Magistrate u/s 200 of
Cr.P.C.:(i). Taking Cognizance on the complaint sent by post. (ii). Issuing process after examining
complainant on oath without examining the witnesses present.(iii). Dismissal of complainant without
examining complainant on oath.
A : Only (i) and (iii).
B : Only (ii) and (iii)
C : Only (ii).
D : Only (iii).
Q.no 35. An application for withdrawal from prosecution u/s 321 of Cr.P.C for the offences triable
exclusively by Court of Session:
A : Can be moved even during pendency of committal proceedings and Magistrate is competent to give
consent to such withdrawal.
B : Can be moved after the case is committed to Court of Session and Magistrate is not competent to give
consent to such withdrawal.
C : Can be moved even during pendency of committal proceedings but the consent is to be granted by Court
of Session as Magistrate is not competent to give consent to such withdrawal.
D : Either B or C.
Q.no 36. “A”, “B”, and “C” are charged for robbery and after trial convicted by 1st Class Magistrate,
thereafter whether or the same fact they can be charged and tried for dacoity:
A : Yes.
B : No.
C : Barred u/s 300 Cr.P.C.
D : Yes, with permission of High Court.
Q.no 37. Mark incorrect statement:
A : Where question of jurisdiction is raised, it must be decided before the commencement of trial.
B : Where an offence consists of several acts done in different local areas, the offence may be inquired into
or tried by a court having jurisdiction over any of such local areas.
C : Where an offence was initiated at a place beyond India but was completed within the territory of India, it
is triable by Indian Court.
D : If an offence is committed within the local jurisdiction of one court and is completed within the local
jurisdiction of another court, such an offence is to be tried by the latter court.
Q.no 38. Appeals by the State under Section 377 Cr.P.C. against inadequacy of sentence must be filed
within a period of:
A : 15 days.
B : 30 days.
C : 60 days.
D : 90 days.
Q.no 39. An Assistant Session Judge if passes death sentence after the completion of trial of an offence:
A : It is subject to confirmation of Session Judge.
B : It is subject to confirmation of High Court.
C : It is not subject to any confirmation.
Q.no 40. Where an accused is granted bail under section 167(2), proviso (a) of Cr.P.C. and on filing of
the charge sheet the investigation revealed that the accused has committed a serious offence, the bail so
granted under section 167(2), proviso (a) of Cr.P.C.:
A : Cannot be cancelled either in section 437(5) or 439(2) even if there are special reasons.
B : Cannot be cancelled u/s section 437(5) but can be in 439(2).
C : Can be cancelled u/s 437(5) &439(2) if special reasons are there.
D : Bail provisions doesn’t apply when person is released due to default of filing of charge sheet but can be
done under inherent powers of High Court.
Q.no 41. Two accused “R” and “S” were involved in multiple murder case. Both were convicted and
sentenced to death by a common judgement. Death penalty of “R” was commuted into imprisonment
for life.
A : “S” is not entitled to commutation of death penalty to Life Imprisonment.
B : “S” may or may not be entitled to commutation of death penalty to Life Imprisonment.
C : “S” is entitled to commutation of death penalty to Life Imprisonment.
D : Either A or B.
Q.no 42. ‘A’ was charged for the offence of Rape (u/s 376 IPC) , which was not proved in the trial. But,
the offence of kidnapping (u/s 366 IPC) was proved in the said trial for which the accused was not
charged initially. Trial court –
A : Can convict for kidnapping under section 222 of Cr.PC.
B : May convict for kidnapping under section 222 of Cr.PC
C : Shall convict for kidnapping under section 222 of Cr.PC.
D : Can’t convict for kidnapping under section 222 of Cr.PC.
Q.no 43. Proclamation and attachment of property are available against:
A : Surety.
B : Witness.
C : Accused.
D : All of the above.
Q.no 44. Court can alter or add to any charge:
A : on its own motion.
B : On application by Prosecution.
C : Both A and B.
Q.no 45. The High Court or Court of Session can order further inquiry into any complaint dismissed:
A : Under section 203 or 204(4).
B : Under Section 204(4).
C : Under Section 203.
D : . No further inquiry can be ordered as it is barred u/s 398.
Q.no 46. Charges were framed against “X” by a Special Judge against which revision was filed in High
Court. High Court dismissed the revision petition. Again a second Revision was filed in the High Court
in the light of a Supreme Court Judgement passed subsequent to the rejection of the first revision.
A : The second revision in the aforesaid circumstance is maintainable u/s section 401.
B : The maintainability of second revision will be subject to leave of the High Court u/s 401.
C : The second revision in the aforesaid circumstance is not maintainable u/s 401.
D : Both A and B.
Q.no 47. Committing the case to Court of session by Magistrate is provided in:
A : Section 209 Cr.P.C.
B : Section 209 and 322 Cr.P.C.
C : Section 209 and 323 Cr.P.C.

D : Section 209 and 324 Cr.P.C.
Q.no 48. Except exceptional circumstances, no woman shall be arrested after sunset and before
sunrise. If there are exceptional circumstances the arrest will be made:
A : Once the woman police officer, orally or in written, obtain the prior permission of Chief Judicial
Magistrate or District Magistrate, within whose local jurisdiction the offence is committed, or the arrest is to
be made.
B : Once the woman police officer, by making a written report, obtain the prior permission of Judicial
Magistrate of the First Class within whose local jurisdiction the offence is committed, or the arrest is to be
made.
C : Once the woman police officer, orally or in written, obtain the prior permission of Judicial Magistrate of
the First Class or District Magistrate within whose local jurisdiction the arrest is to be made.
D : Once the woman police officer, by making a written report, District Superintendent of Police or District
Magistrate within whose local jurisdiction the offence is committed, or the arrest is to be made.
Q.no 49. Which of the Following is an appropriate order in a Trial by Court of Session: I. Opening
Case for prosecution.
II. Discharge of Accused.
III. Framing of Charge.
IV. Conviction on plea of Guilt.
V. Evidence for prosecution.
VI. Acquittal of accused.
VII. Evidence for the defence.
VIII. Arguments an Judgement.
A : I- III-II-IV-V-VII-VIII-VI.
B : I- III-II-IV-V-VI-VII-VIII.
C : I- II-III-IV-V-VII-VIII-VI.
D : I- II-III-IV-V-VI-VII-VIII.
Q.no 50. Pardon can be tendered by:
A : Chief Judicial Magistrate, Metropolitan Magistrate or First-class Magistrate at any stage of investigation,
inquiry or trial.
B : Chief Judicial Magistrate, or First-class Magistrate at any stage of investigation, inquiry or trial.
C : First class Magistrate at any stage of inquiry or trial.
D : First class Magistrate at any stage of investigation, inquiry or trial.
Q.no 51. In a trial of warrant case by a Magistrate, in which of the following cases, an accused is to be
supplied with the copies of documents, records, etc. made during investigation:
A : Cases instituted on a police report.
B : Cases instituted otherwise than on police report.
C : Both A and B.
D : Only B.
Q.no 52. In case of sentence of imprisonment in default of fine:
A : Such imprisonment is concurrent with any other sentence of imprisonment to which prisoner may have
been sentenced.
B : The court has power to make various sentences of imprisonment in default of payment of fine concurrent
with each other.
C : Substantive sentence and sentence in default of fine are two distinct sentences and cannot be made
concurrent.
D : Both A and B.
Q.no 53. Which amongst the following cannot be included within the definition of “Complaint” as
provided in Section 2(d):
A : Police report disclosing the commission of non-cognizable offence.
B : Protest petition filed by the accused against police report.
C : Both A and B.
Q.no 54. A magistrate while issuing a warrant in lieu of summons u/s 87 of Cr.P.C.
A : Shall record reasons in writing.
B : May record reasons in writing.
C : Is not supposed to record reasons in writing.
D : Either B or C.
Q.no 55. Compensation for victims of abuse of power who are groundlessly arrested can be granted in:
A : Article 32 of the Indian Constitution and Section 359 Cr.P.C.
B : Article 32, 226 of the Indian Constitution and Section 358 Cr.P.C.
C : Article 32, 226 of the Indian Constitution and Section 361 Cr.P.C.
D : Only Article 32, 226 of the Indian Constitution.
Q.no 56. Special Summons u/s 206 Cr.P.C. can be issued:
A : By a Magistrate only.
B : By Court of Session only.
C : By a Magistrate and Court of Session.
D : By Court of Session and a Magistrate specially empowered by High Court.
Q.no 57. Mark the incorrect statement in light of definition and classification of cognizable and non-
cognizable offences as provided in Section 2 (c) and Second Schedule of Cr.P.C. respectively:
A : Cognizable offences are serious offences.
B : Non- Cognizable offences are private wrongs.
C : Cognizable offences are public wrongs.
Q.no 58. The question- “whether it is legally permissible for a court to award consecutive life sentence
to a convict based on a series of murders for which the convict was tried in a single trial”- was referred
to the Constitution Bench comprising five judges in :
A : Sanaullah Khan v. State of Bihar, (2013) 3 SCC 52.
B : Vikas Yadav v. State of U.P., (2016) 9 SCC 541.
C : Muthuramalingam v. State, (2016) 8 SCC 313.
D : Kamalanantha v. State of Tamil Nadu, (2005) 5 SCC 194.
Q.no 59. If the accused pleads guilty and has been convicted on such plea:
A : There shall be no appeal if such conviction is by High Court.
B : There shall be no appeal except as to the extent and legality of the sentence if such conviction is by Court
of Session.
C : There shall be no appeal except as to the extent and legality of the sentence if such conviction is by High
Court.
D : Both B and C.
Q.no 60. The orders given by the magistrate u/s 97 are “Not” legal in case: (i) Where the husband
keeps his minor wife at his house even though against her wishes and parents of the girl seeks an order
under section 97.
(ii) Where the husband seeks an order to get back his major wife from her parents house who is not
willing to come back to her husband.
A : Both (i) and (ii) are legal.
B : Both (i) and (ii) are illegal.
C : Only (i) is illegal.
D : Only (ii) is illegal.

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Seat No -

Total number of questions : 60

LLB310 CODE OF CRIMINAL PROCEDURE

* Please attempt all questions. All questions carry equal marks.

* The test should be submitted only when it is completed in all aspect.

A : By Code of Criminal Procedure (Amendment) Act, 2009, u/s 311 A.

B : By Code of Criminal Procedure (Amendment) Act, 2013, u/s 311 A.

C : By Code of Criminal Procedure (Amendment) Act, 2005, u/s 311 A.

D : By Code of Criminal Procedure (Amendment) Act, 1978, u/s 311 A.

D : recording of reasons depends of the designation of the court.

Q.no 3. Mark the Correct statement:

D : Both A and C are correct.

A : Section 199 Cr. P.C.

B : Section 190 Cr. P.C.

C : Section 200 Cr. P.C.

A : (i), (ii) and (iv)

C : Both (iii) and (iv)

D : Depends on the discretion of High Court.

C : Depends on the facts of the case

D : None of the above.

A : Shall be of the complaint case.

B : Shall be of case instituted on Police report.

C : Shall be one as directed by the Magistrate.

D : Shall be as directed by the court of session.

A : (i) (ii) are correct and (iii) is incorrect statement.

B : (i) (iii) are incorrect and (ii) is correct statement.

C : (ii) (iii) are correct and (i) is incorrect statement.

D : Both A and C are Correct

A : Sec. 372 Cr.P.C.

B : Sec. 373 Cr.P.C.

C : Sec. 374 Cr.P.C.

D : Sec. 375 Cr.P.C.

A : Both (i) and (ii).

C : Both (ii) and (iii).

B : Hearing a party who is in contempt of court.

C : Interfering with the conviction even after the expiry of sentence.

D : All of the above.

A : (ii) and (iv) are correct.

B : (ii) and (iii) are correct.

D : (i) and (iii) are correct.

Q.no 17. Mark the CORRECT statement:

C : both A and B are correct

A : Offence cannot be compounded in any circumstance.

D : None of the above.

D : None of the above.

A : He (accused) has a right to participate in the proceedings.

B : He (accused) no right to participate in the proceedings.

C : He (accused) has a right to watch the proceedings.

A : In Section 357B Cr.P.C. in the year 2013.

B : In Section 357B Cr.P.C. in the year 2018.

C : In Section 357C Cr.P.C. in the year 2013.

D : In Section 357C Cr.P.C. in the year 2018.

B : State Government after consultation with the High Court.

Q.no 26. For relief under Section 482 Cr.P.C.:

A : No limitation period has been prescribed for applications.

A : Is one month as provided u/s 96 Cr.P.C.

B : Is two months as provided u/s 96 Cr.P.C.

C : Is Six months as provided u/s 96 Cr.P.C.

D : No such limitation period is provided u/s 96 Cr.P.C.

A : 353(4) of Cr.P.C.; Deena v/s Union of India AIR 1983 SC 1155.

B : 353(4) of Cr.P.C.; Kehar Singh v/s Union of India 1989 SC 653.

C : 354(5) of Cr.P.C.; Deena v/s Union of India AIR 1983 SC 1155.

D : 354(5) of Cr.P.C.; Kehar Singh v/s Union of India 1989 SC 653.

Q.no 30. Which section provides for summary dismissal of appeals: