Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - While considering order against acquittal, Appellate Court should not interfere where view taken by trial Court is not unreasonable or perverse...........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Disposal of appeal filed by accused without record of trial Court, which was lost during pendency of appeal is not sustainable - Order of High Court set aside - Matter remanded back to High Court for hearing appeals afresh after reconstruction of record of trial Court...........
Criminal Procedure Code, 1973, Section 378, 382, 383, 384, 385, 386 -- Appeal - It is to be decided on merit after perusal of lower Court record if appeal is not dismissed summarily...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Original record of case, except judgment of trial Court were weeded out - Criminal appeal is received incomplete from High Court - Incident in question is of year 1987 and accused were acquitted in 1990 - Due to lapse of time and no, availability of important basic records, it is not either..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Appeal preferred by accused - Non-representation for accused - When there was no representation for accused, High Court ought not to have disposed of case on merits - Once appeal against conviction is admitted, it is duty of appellate Court either to appoint an advocate as amicus curiae or to..........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence suo moto - Such power should be exercised sparingly and in exceptional circumstances and this power should not be exercised without issuing notice to accused - Notice not to be an illusory notice...........
Criminal Procedure Code, 1973, Section 386, 482 -- Appeal against conviction - Enhancement of sentence - Notice to accused - Notice given to accused during course of hearing - However, it is not clear whether such a notice was an oral notice or a notice in writing - Such a notice would not satisfy legal requirements - Any notice for enhancement must indicate why Court..........
Criminal Procedure Code, 1973, Section 386(b)(iii), 401 -- Appeal against conviction - Enhancement of sentence - High Court has power to enhance sentence but said course is permissible only after giving notice of enhancement to accused - Order enhancing sentence of accused from 7 years to 10 years under POCSO Act without giving notice is not in accordance with procedure..........
Criminal Procedure Code, 1973, Section 216, 386, 464 -- Alteration of charge - An alteration of charge where no prejudice is caused to accused or prosecution is well within powers and jurisdiction of Court including Appellate Court - It is only when any omission to frame charge initially or till culmination of proceedings or at appellate stage results in failure of justice..........
Criminal Procedure Code, 1973, Section 386(b) -- Power of appellate Court - While considering appeal Court should examine evidence of each prosecution witnesses on issues arising in the case and then Court should record finding either in affirmation or modification or reversal as the case may be...........
