378. Appeal in case of acquittal.(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Gover

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a

In this case, the Supreme Court had ruled that there is no need for a victim to apply for leave to appeal against an order of acquittal while preferring an appeal under proviso to Section 372 CrPC. It, therefore, set aside the order of the High Court and allowed the appeal back to the HC to be considered on merits. Appeal under Section 372 Cr.PC against the acquittal -In such an Appeal, the acquittal by the Magistrate’s Court can either be confirmed or reversed (i.e., the Accused is convicted) Revision under Sections 397 r/w. 401 Cr.PC against confirmation of acquittal or conviction by the Court of Sessions. Se hela listan på legalbites.in Appeal against acquittal.—An appeal from acquittal is usually not recognized. Section 378, however, permits the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence and the State Bombay High Court has held that a complainant in a cheque bounce case cannot avail the benefit of proviso to Section-372 CrPC and he has to file appeal against acquittal before the High Court.

Appeal on matters other than a sentence In this case, we may call them Order as most of them are orders by a court by which a party of the case got aggrieved, the are as follows. Se hela listan på blog.ipleaders.in In 2009, an amendment in the Criminal Procedure Code (CrPC) allowed the “victim” of a crime to file an appeal against acquittal. Earlier, in the Indian legal system, all crimes were considered crimes against the State, and it was only the state prosecution department that could file an appeal against acquittal of the accused. (i) In an appeal against acquittal the appellate Court has the undoubted power to review the entire evidence and to come to its own conclusion, but, in doing so, it should not only consider every matter on record having a bearing on the question of fact and the reasons given by the Court below in support of its order of acquittal but also should express the reasons in its judgment which let it to hold that the acquittal was not justified; 2020-04-25 · Section 378: Appeal in case of acquittal (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— ( a ) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; In this case, on December 30, 2009, the Parliament had amended Section 372 of the CrPC so that it now allows the victim to file an appeal against any order passed by the Court, if according to the victim, the accused was wrongly acquitted, or convicted less stringent, or he/she feels that the compensation has been inadequate.

2019-07-11 2020-04-25 In this case, the Supreme Court had ruled that there is no need for a victim to apply for leave to appeal against an order of acquittal while preferring an appeal under proviso to Section 372 CrPC. It, therefore, set aside the order of the High Court and allowed the appeal back to the HC to be considered on merits.

Crpc-Section-378-Appeal. 378. Appeal in case of acquittal. (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—. (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in

It, therefore, set aside the order of the High Court and allowed the appeal back to the HC to be considered on merits. Appeal under Section 372 Cr.PC against the acquittal -In such an Appeal, the acquittal by the Magistrate’s Court can either be confirmed or reversed (i.e., the Accused is convicted) Revision under Sections 397 r/w. 401 Cr.PC against confirmation of acquittal or conviction by the Court of Sessions.

Post the amendment of Section 378 CrPC, by Act 25 of 2005, on analysis of Section 378(1)(a) & (b), it is clear that the State Government cannot direct the Public Prosecutor to file an appeal against an order of acquittal passed by a Magistrate in respect of a cognizable and non- bailable offence because of the categorical bar created by Section

May 28, 2020 file another round of appeal against such acquittal by the. Court of Session CrPC and finally a petition before the Supreme Court, seeking Limitation for Appeal against Acquittal: Under S. 417, Cr. U/S 417(3) Cr.P.C., the limitation period for moving application for grant of special leave to appeal is 60 The trial court acquitted the accused of offences punishable under Section 302 IPC (murder). Mother of victim sought leave under Section 378(3) of CrPC to appeal The rights of the victim gets a boost as the Supreme Court orders that a victim can file an appeal under the proviso of Section 372 of CrPC and he can apply for leave to appeal against the order of acquittal, passed an order in the ne Section 411-A, 417, 422, 423 of Cr.P.C.

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Se hela listan på blog.ipleaders.in In 2009, an amendment in the Criminal Procedure Code (CrPC) allowed the “victim” of a crime to file an appeal against acquittal.

401 Cr.PC against confirmation of acquittal or conviction by the Court of Sessions. CrPC Section 232. Acquittal.
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As against an order of acquittal passed by a Magistrate on a complaint, an appeal will lie only before the High Court, under Section 378

for filing appeal Mar 20, 2018 379. Appeal against conviction by High Court in certain cases. Where the High Court has, on appeal reversed an order of acquittal of an accused Oct 5, 2020 During the arguments, it was pointed out that the CBI has not placed on record the mandatory authority under Section 378 (2) CrPC and that the Criminal Application for grant of Special Leave to Appeal under.

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Appeal against acquittal.—An appeal from acquittal is usually not recognized. Section 378, however, permits the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence and the State Government […]

The Supreme Court has reaffirmed that a victim of a crime has the right to appeal under the Proviso to Section 372 of Code of Criminal Procedure (CrPC) against the acquittal of the accused. Such an appeal has to be treated like a regular appeal and no leave has to be sought in such a situation.