Convicted by sessions court can I appeal in High court

810 votes

Hi,

I really don't understand your case as your query is vague. anyway you can appeal before you high court. it will work.

Question: Whether or not the onus of substantiating the charges levelled against the accused under PC act / criminal conspiracy / various sections of CrPc lies with the prosecution. How far is it justified if such charges are accepted by the sessions court in toto without these being substantiated by the prosecution, ultimately resulting into conviction of the accused. Can this issue be discussed in High Court. Prosecution here being CBI.

Advocate M P Siddiqui LawRato

842 votes

Sessions Court must give reasoning against each charge which it has accepted in toto.Otherwise the evidence must be unqualified.In either case option to goto HC for relief is open to accused.Concrete opinion can only be tendered post vetting the file.

Advocate Prakhar Dixit LawRato

615 votes

Sir,
The burden of proof always lies with the prosecution, except in cases where the concerned statute says so. The charges have to be substantiated. Benefit of doubt will always go the accused. This can be raised before the Hon'ble High Court being questions of law.
Section 27 of the Prevention of Corruption Act may also be referred to:-
"27. Appeal and revision.—Subject to the provisions of this Act, the High Court may exercise, so far as they may be applicable, all the powers of appeal and revision conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court as if the court of the special Judge were a Court of Session trying cases within the local limits of the High Court."

The rest can be advised on seeing the documents.
Abhinit Das,
Advocate

Advocate Abhinit Das LawRato

700 votes

well u can go in appeal there is sixty days time limit for filing appeal.there sfyrr .court will iddus notice to state and high will cosidrt it's power by evidrce as well as gravity of ogfrncr. now I want to.know.the gravity of ogfrncr as it is not.mention.here that what is offence it all drpenfd.upon.the nature of case .and punishment it also not written.what is the quant of punidjmeny

Advocate Rajendra Sharma LawRato

822 votes

I must stress that appeal against a judgment of conviction is a matter of right. secondly, appeal is a continuation of trial and all the evidence led before the trial court has to be reconsidered by the appellate court. therefore, you have all the opportunity to point out lacunae in the prosecution evidence. Cardinal principle is that the prosecution must prove its case beyond reasonable doubt. section 392 Crpc also enables you to place on record material evidence at the stage of appeal also.

Advocate Atul Guleria LawRato