Appeal
Querist :
Anonymous
(Querist) 08 September 2011
This query is : Resolved
Charges were framed against me u/s 307/333/332/224IPC. In the final judgement, I was acquitted of S.307 but convicted of S.333/332 and 224 I.P.C.
I wish to appeal and thus would like to know:-
1. If I appeal can my acquittal u/s 307 be converted to conviction?
2. In his final argument the Public Prosecutor himself submitted that prosecution had failed to prove Sec 224 IPC (it's in his written synopsis also), yet I was convicted. Is this legal?
Please help me with some Supreme Court precedence. Thank you.
Devajyoti Barman
(Expert) 08 September 2011
1. No unless the state or the de facto prefers an appeal and the judgement impugned gets set aside.
2. Yes, if the courts finds the charges proved against you.
However such admission of PP would help you in your Appeal.
Raj Kumar Makkad
(Expert) 08 September 2011
1. No. How is it possible s you are filing an appeal against your conviction?
2. It is appreciation of court to the entire evidence which works. Lawyers/PPs are only to help the court to come to a right conclusion. Their opinion is not binding upon the courts.
M/s. Y-not legal services
(Expert) 09 September 2011
Am agree with mr.barman. You can file an appeal against your conviction except 307. Like that prosecution can appeal for challenge the acquittal of 307. If prosecution does not prefer appeal mean its can't be set aside.
prabhakar singh
(Expert) 09 September 2011
1. If I appeal can my acquittal u/s 307 be converted to conviction?
Only when state also appeals against your acquittal,and its appeal is allowed.
2. In his final argument the Public Prosecutor himself submitted that prosecution had failed to prove Sec 224 IPC (it's in his written synopsis also), yet I was convicted. Is this legal?
Practically it should not happen but when evidence has come forward only court can decide what has been proved and what not,so concession by public prosecutor found wrong and charge found proved in the opinion of the court,nothing wrong,no illegality.
pawan sharma
(Expert) 09 September 2011
Q.If I appeal can my acquittal u/s 307 be converted to conviction?
A.No, if the state fill appeal u/s 378 it may be.
2. In his final argument the Public Prosecutor himself submitted that prosecution had failed to prove Sec 224 IPC (it's in his written synopsis also), yet I was convicted. Is this legal?
Please help me with some Supreme Court precedence. Thank you.
A as you stated you may acquit in 224 IPC, it will depend of the facts.
Querist :
Anonymous
(Querist) 09 September 2011
thank you all for your most learned opinions.
