An appeal against acquittal is a legal procedure that allows a party to challenge a decision made by a court to acquit a defendant in a criminal case. This means that the party, typically the prosecution, is asking the court to reconsider its decision and find the defendant guilty of the crime.
There are several reasons why a party might choose to appeal an acquittal. One reason could be that the party believes that the court made a mistake in its decision and that the defendant is actually guilty of the crime. Another reason could be that the party believes that the court applied the wrong legal principles or that there was some other error in the proceedings.
Appeals against acquittal are generally limited to cases where there is a question of law involved, rather than a question of fact. This means that the appeal will not be based on a reexamination of the evidence presented at trial, but rather on the legal principles that were applied by the court.
The process for an appeal against acquittal varies depending on the jurisdiction and the specific circumstances of the case. In some cases, the appeal may be heard by the same court that made the original decision, while in other cases it may be heard by a higher court.
If the appeal is successful, the defendant will be found guilty and may face additional penalties, including imprisonment or fines. If the appeal is unsuccessful, the original acquittal will stand and the defendant will be considered legally innocent of the crime.
It is important to note that appeals against acquittal are not common and are only granted in limited circumstances. The burden of proof is on the party bringing the appeal to show that the original decision was incorrect and that the defendant should be found guilty.
In summary, an appeal against acquittal is a legal procedure that allows a party to challenge a decision made by a court to acquit a defendant in a criminal case. It is a complex and often difficult process, and the burden of proof is on the party bringing the appeal to show that the original decision was incorrect.
Appeal against Acquittal
However, the distinction between right to appeal of a complainant and that of a victim against an acquittal order by a criminal court cannot be similarly described as intelligible, and the purpose of the blog-post to analyze the same. As per Article 21 of the constitution, life and personal liberty of a person cannot be taken away by state except in accordance with the procedure established by law. Massachusetts, 19 In United States v. The accused caused injuries to all the three persons. Court : Supreme Court of India Brief : A. PWs 1 to 4 were portrayed as eye-witnesses and amongst them, PWs 2 to 4 were shown to be injured persons. However such appeals can only be entertained only after obtaining the leave of the High Court.
(PDF) Appeal Against Acquittal
Can a suspect be tried again after acquittal if new evidence is discovered? The High Court of M. Now let us see deep insight to the original issue of this article. State of Maharashtra, AIR 1974 SC 286 , it has been said that to the principles laid down in Sanwat Singh's case may be added the further principle that "if two reasonable conclusions can be reached on the basis of the evidence on record, the Appellate Court should not disturb the finding of the Trial Court". Thereafter, the Petitioner Bank sought a legal opinion and consequent to the legal opinion, the appeal was preferred along with an application for condonation of delay on 04. The signature on cheque at Exh. However, it will not interfere with an order of acquittal lightly or merely because one other view is possible, because with the passing of an order of acquittal presumption of inn decree in favour of the accused gets reinforced and strengthened. Shri Gupte graciously agreed to assist the Court on the point of law in this matter.
Court turns down govt appeal against acquittal of MQM workers
The words were intended to convey the idea that an appellate court not only shall bear in mind the principles laid down by the Privy Council but also must give its clear reasons for coming to the conclusion that the order of acquittal was wrong. The Full Bench of the High Court of Delhi after examining the relevant provisions under Section 2 wa and proviso to Section 372 of Cr. See also United States v. . Section 372 clearly indicates that no appeal shall lie against the judgment or order of the Criminal Court except as is provided for by the Code of Criminal Procedure. It was also held by the High Court that contradictions and variations were of minor nature which did not affect substratum of the prosecution case and evidence of PWs 1 to 4 had remained totally unshaken and there was a ring of truth running through their testimony which inspired confidence notwithstanding trivial omissions and discrepancies, which did not go to the root of the matter. PLEASE READ THE BELOW PORTION AGAIN CAREFULLY- If the case is instituted otherwise than upon a police report that means if it is a complaint case and the accused is acquitted, the complainant has a remedy to assail an order by resorting to the provisions of section 378 4 of the Criminal Procedure Code which reads as under :- " If such an order of acquittal is passed in any case instituted upon complaint and the High 4 Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.
Appeal Against Acquittal in Cheque Bounce Cases Can Be Filed Only Before High Court U/s.378(4) CrPC: Madras HC
He submitted that it is settled law that an order of acquittal can be set aside by the High Court only if the appellate Court is satisfied that the reasons in support of acquittal recorded by the Trial Court are non-existent, extraneous, perverse, acquittal palpably wrong, totally ill-founded or wholly misconceived; the Court had 'obstinately blundered' or reached the conclusion, 'wholly wrong', manifestly erroneous' or 'demonstrably unsustainable', which resulted in miscarriage of justice. Likewise, injuries to PWs 2 to 4 were also proved by PW 12, Dr. Maxwell on Interpretation of Statutes, 10th Edn. Prabhunath Jha, 2003 12 SCC 606, this Court observed; "There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based. Civil cases are never heard in front of a jury.
Right To Appeal Against Acquittal Under Criminal Procedure Code, 1973 : The Rule Of Victim v. Complainant
It is a separate and statutory right and is not dependent either upon or is subservient of the right of appeal of the State. He stated that in the light of the facts of this case, a criminal revision application would not be maintainable considering the fact that the learned Magistrate has delivered its judgment thereby, acquitting the accused. There was also no consistency in evidence as to injuries sustained by prosecution witnesses. The Law Commission in its 154th report recommended comprehensive amendments to the Code of Criminal Procedure relating to various provisions concerning arrest, custody, compounding of offences, victimology etc. In this regard, the Full Bench of Delhi High Court in the case referred to supra has elaborately dealt with the legislative history of insertion of the proviso to Section 372 of Cr. United States, Footnote 195 U.
APPEAL AGAINST ACQUITTAL IN CRIMINAL CASES
Second, if the trial judge enters or grants a motion of acquittal, even one based on the conclusion that the evidence is insufficient to convict, then the prosecution may appeal if jeopardy had not yet attached in accordance with the federal standard. But it is probable that these words were intended to express, as were the similar words of Lord Russell in Sheo Swarup that the court, hearing an appeal under section 417 should observe the rules which all appellate courts should, before coming to a conclusion different from that of the trial court. If the rule of construction is that prima facie a proviso should be limited in its operation to the subjectmatter of the enacting clause, the stand we have taken is sound. It observed that on careful examination of evidence of PWs 1 to 4, it was clearly established that deceased-Anjaniappa was done to death by Accused No. Section 378 4 provides the complainant with the right to an appeal against an order of acquittal passed by a criminal court to the High Court. They need to be given certain rights and compensation so that there is no distortion of the criminal justice system.
