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A Critical Analysis On Appeal Against Acquittal





Akanksha Pandey, Law College, Dehradun, Uttaranchal University


ABSTRACT


Humans are not perfect, and they are bound to make mistakes, and so does their judgements can be mistaken and fallible. To correct this error in their judgement, the Code of Criminal Procedure, 1973 provides for the provision of “appeals” and “revisions”; so that the superior courts can correct the decisions of the lower courts. Section 378 of the Cr.P.C. provides for the appeal in case of acquittal. The law regards the conviction of a single innocent person as infinitely more serious than the acquittal of many guilty persons. Any person feeling really aggrieved by an order of acquittal might approach the Government and its legal advisers would take up the matter if good grounds for an appeal can be made out. The High Courts can require State Government or its Public Prosecutor, as the case may be to establish, whether appeal was filed under direction from State Government. In order to attract the section 378, there has to be an acquittal and no leave can be granted unless the appeal can be brought either from an original or appellate order of acquittal. The appeal by government should be made judiciously and only in cases where the judgement is so clearly wrong that its maintenance would amount to a serious miscarriage of justice or when a principle is involved.

This article mainly deals with the Section 378 of Code of Criminal Procedure which embodies the concept of appeal in cases of acquittal, amendment it went through, its scope, application, nature and limitations.


Keywords: Appeal, Acquittal, Public Prosecutor, State Government, High Court, Special Leave, Order, Revision, Indian Constitution, Cr.P.C., Supreme Court, Accused, Victim.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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