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Pooja_____ (HR)     12 March 2012

Appeal against acquittal in high court

Trial court acquitted the accused saying that the case is not proved beyond shadows of doubts. It seems Sessions Court is not looking at the grievances mentioned in appeal and may acquit the accused. If it happens, is it possible to file appeal in High Court?



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 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 March 2012

Appeal against acquittal always lies to the High Court, for the reason that the initial presumption of innocense in favour of an accused is duly strengthened by his acquittal, and hence such appeals are not to be preferred as a matter of course, and only to be overturned in expecetional cases of error apparent on the face of the record. 

Kiran Kumar (Lawyer)     12 March 2012

I am of a bit different opinion, appeal against acquittal will not always lies before the High Court.

 

there is an amendment in the provisions and has been effectively implemented.

 

if Sessions court makes an error then you have a remedy to file a Revision Petition before the High court under S. 401 Cr.P.C

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 March 2012

Yes, appeal can be filed.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Gopal Arora (Engineer)     17 March 2012

Adv Bharat Chugh has rightly said

"Initial presumption of innocense in favour of an accused is duly strengthened by his acquittal, and hence such appeals are not to be preferred as a matter of course. "

You should file appeal, only if there is really some/big error in the order of trial court or appellate court.


@Kiran Kumar

What is the difference between appeal and revision?
In revision, is it possible to add more evidences/witnesses?


 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

No further evidences which were in the possession of the witnesses while the trial was running can be added at the stage of appeal/ revision.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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