#___Appeal___against___acquittal
Ss......417........411-A (2)....crpc
an accused who is acquitted always enjoys #_double_presumption_of_innocence, meaning that every accused is innocent in the eye of law and if acquitted establishes his innocence. His acquittal shall then be challenged b4 #_High_Court.
.
appeal is a statutory right, meaning that if a statute provides for appeal only then appeal will lie otherwise it is barred.
.
S.417 states that the order of acquttal of an accused be challenged b4 HC if he has been acquitted by a court #_other_than_high_court.
.....while...
S.411-A states that the order of acquttal of an accused who has been acquitted by #_HC in its original criminal jurisdiction shall b challenged b4 #_division_bench of HC.
.
S.417 has following provisions.
417 (1)
417 (2)
417 (2-A)
417 (3)
417 (4)
.
S.417 (1) states that the provincial govt may direct #_public_prosecutor to file an appeal against order of acquittal b4 HC within a period of #_six_months.
((remember)) any aggrieved person/police can apply to the p.Govt to direct the p.Prosecutor to file appeal.
.
S.417 (2) states that if an accused has been acquitted in #_complaint_case, then the #_complainant may file appeal against acquittal within a period of #_sixty_days.
((remember)) the complainant must first file #_special_leave_to_appeal b4 HC.
.
S.417(2-A) states that an #_aggrieved_person can file an appeal against acquittal b4 HC within a period of #_thirty_days.
((remember)) the aggrieved person must first file #_special_leave_to_appeal b4 HC.
.
S.417 (3) states that no appeal u/s 417(2) will b entertained by HC after expiry of #_sixty_days.
.
S.417(4) states that if complainant's special leave to appeal u/s 417 (2) has been refused by HC, the complainant cannot then cash the benefit under u/s 417 (1)
.
S.411-A (2) states that where the HC has acquitted accused in its original criminal jurisdiction, then the p.Govt may direct p.Prosecutor to file appeal in #_Division_Bench comprising of two or more judges
and if Division Bench cannot be constituted, then appeal will be transferred to another HC u/s 427 crpc.
((remember )) if HC has acquitted an accused, then his acquittal can b challenged on question of law, but if it is to b challenged on question of fact or mixed question of law and fact, then u/s 411-2 (A) the p.Prosecutor need #_specia_leave_to_appeal.
.
#_some_important_notes_to_remember.
.
condonation of delay u/s 5 of limitataion act can only be cashed by the Prosecutor and not by the complainant.
.
acquittal #_cannot be converted into conviction in _Revision as such is barred u/s 439 (4)a. Acquittal can only b set aside in appeal not in Revision.
.
#_V_important.... where special law is silent about appeal against acquittal, then the provision of Ss. 417/411-A (2) #_cannot be invoked.
.
appeal is a statutory right, meaning that if a statute provides for appeal only then appeal will lie otherwise it is barred.
.
S.417 states that the order of acquttal of an accused be challenged b4 HC if he has been acquitted by a court #_other_than_high_court.
.....while...
S.411-A states that the order of acquttal of an accused who has been acquitted by #_HC in its original criminal jurisdiction shall b challenged b4 #_division_bench of HC.
.
S.417 has following provisions.
417 (1)
417 (2)
417 (2-A)
417 (3)
417 (4)
.
S.417 (1) states that the provincial govt may direct #_public_prosecutor to file an appeal against order of acquittal b4 HC within a period of #_six_months.
((remember)) any aggrieved person/police can apply to the p.Govt to direct the p.Prosecutor to file appeal.
.
S.417 (2) states that if an accused has been acquitted in #_complaint_case, then the #_complainant may file appeal against acquittal within a period of #_sixty_days.
((remember)) the complainant must first file #_special_leave_to_appeal b4 HC.
.
S.417(2-A) states that an #_aggrieved_person can file an appeal against acquittal b4 HC within a period of #_thirty_days.
((remember)) the aggrieved person must first file #_special_leave_to_appeal b4 HC.
.
S.417 (3) states that no appeal u/s 417(2) will b entertained by HC after expiry of #_sixty_days.
.
S.417(4) states that if complainant's special leave to appeal u/s 417 (2) has been refused by HC, the complainant cannot then cash the benefit under u/s 417 (1)
.
S.411-A (2) states that where the HC has acquitted accused in its original criminal jurisdiction, then the p.Govt may direct p.Prosecutor to file appeal in #_Division_Bench comprising of two or more judges
and if Division Bench cannot be constituted, then appeal will be transferred to another HC u/s 427 crpc.
((remember )) if HC has acquitted an accused, then his acquittal can b challenged on question of law, but if it is to b challenged on question of fact or mixed question of law and fact, then u/s 411-2 (A) the p.Prosecutor need #_specia_leave_to_appeal.
.
#_some_important_notes_to_remember.
.
condonation of delay u/s 5 of limitataion act can only be cashed by the Prosecutor and not by the complainant.
.
acquittal #_cannot be converted into conviction in _Revision as such is barred u/s 439 (4)a. Acquittal can only b set aside in appeal not in Revision.
.
#_V_important.... where special law is silent about appeal against acquittal, then the provision of Ss. 417/411-A (2) #_cannot be invoked.
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