CHAPTER 25
APPEAL AND REVISION--CRIMINAL

PART C -- PROCEDURE IN HEARING CRIMINAL APPEALS

Introductory.-- The attention of all Criminal Appellate Courts subordinate to the High Court is invited to the procedure laid down in sections 421 to 423 of the Code of Criminal Procedure.

2. Summary disposal, appellant to be heard.-- If, on a perusal of a petition of appeal and the copy of the judgment or order appealed against, and after hearing the appellant or his counsel, or authorised agent, if he appears, the
Appellate Court considers that there is no sufficient ground for questioning the correctness of the decision or interfering with the sentence or order appealed against, it may reject the appeal summarily. In acting under section 421 of the Code of
Criminal Procedure, the Court may, and when the records are readily forthcoming ordinarily should, call for and examine the proceedings of the lower Court,
but is not bound to do so. When a petition of appeal is presented by the appellant in person or by his counsel or duly authorised agent, the Court should of course, intimate to such person the day on which it will be prepared to hear him, if the appeal is not brought forward for hearing on the day on which it is presented or if the hearing is adjourned.

^{*[3. Notice of date of hearing.- If the Appellate Court decides to
hear the appeal, notice of the day fixed for hearing should be given to the appellant or
his pleader, and notice must also be given to such officer as the Provincial Government
may appoint in this behalf. The District Magistrate and in certain cases the Advocate
General are the officers to receive, on behalf of the State, notice of the time and place
fixed for the hearing of appeals admitted to a hearing under section 422 of the Code of
Criminal Procedure. Attention is also invited to notifications in the same part directing
the notice of the hearing of certain appeals to be given to the heads of the Railway
Administration and the Postmaster General, Punjab. The notice of the appellant or his
pleader need not be a formal notice in writing, if either of them is present in person
when the day of hearing is fixed. It will be seen from section 4(1)(r) of the Code that
the term "Pleader" includes (1) an Advocate, a Vakil, and an Attorney of a High
Court so authorized; and (2) any other person appointed with the permission of the Court,
to act in such proceedings.}

4. The order fixing the date should state under what section the hearing is.- To distinguish between appeals rejected under section 421 and appeals in which the sentence is confirmed after hearing under section 423 the order fixing the date should distinctly state whether or not the hearing is to be under section 423 of the Code.

5. Appeal should not be dismissed in default.- A criminal appeal must be disposed of on its merits as it cannot be dismissed in default.]

6. If appeal cannot be rejected summarily it should be admitted to hearing.-- The practice which prevails in some Courts of continuing ^***[...] in cases in which it is found necessary to direct a further inquiry under section 428, is irregular. If it appears that an appeal cannot be properly rejected on the record as it stands, it should be admitted to a hearing under section 422.

^{*[7. Contents of judgment.- The judgment of an Appellate Court should
contain the points for determination, the decision thereon and the grounds for that
decision.(See section 367, and 424 of the Code of Criminal Procedure.)]}

8. ^***[Omitted].

9. Remand.-- Whenever a criminal appeal is sent back for further inquiry under section 428 of the Code at Criminal Procedure, the Appellate Court should invariably fix a date for re-hearing the case, taking care that the date so fixed is in each instance sufficiently remote to allow of a return being made to the order of remand, and that the case is duly entered under such date in the appropriate register.

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CHAPTER 25 APPEAL AND REVISION--CRIMINAL

CHAPTER 25
APPEAL AND REVISION--CRIMINAL