Criminal Appeals In High Courts And Supreme Court
✅ Overview of Criminal Appeals
Criminal appeals are a fundamental part of the criminal justice system, providing a mechanism to review and correct errors in trial courts. The High Courts and the Supreme Court have well-defined appellate jurisdictions.
Types of Appeals:
Appeal as of right: Automatic right to appeal in certain cases.
Appeal by special leave: Discretionary appeal granted by Supreme Court under Article 136.
Reference: Courts can refer questions of law for High Court or Supreme Court opinion.
✅ Appellate Jurisdiction under Indian Law
| Court | Statutory Basis | Types of Appeals |
|---|---|---|
| High Courts | Section 374, CrPC; Article 226, Constitution | Appeals against convictions/acquittals by Sessions Court, revisional jurisdiction |
| Supreme Court | Article 136, Constitution; Section 378 CrPC | Special Leave Petition (SLP) against High Court orders, appeal in death penalty cases |
🔹 Important Provisions of CrPC
Section 374: Appeal against convictions by Sessions Court lie to High Court.
Section 378: Appeal to Supreme Court only with leave, except death penalty cases.
Article 136: Special Leave Petition (SLP) to Supreme Court at its discretion.
🔹 Landmark Case Laws on Criminal Appeals
1. ✅ Babu Singh v. State of UP, AIR 1979 SC 621
Facts:
The appellant challenged his conviction in the High Court after trial in Sessions Court.
Held:
Supreme Court held that the High Court must reappraise evidence carefully and cannot act as a mere appellate court rubber-stamping the trial court.
Emphasized that the High Court has power to interfere in appeals if there is a miscarriage of justice.
Significance:
Affirmed the supervisory role of High Courts in criminal appeals.
2. ✅ Mohan Lal v. Union of India, AIR 1956 SC 499
Facts:
The issue was regarding appeals under Article 136 of the Constitution.
Held:
Supreme Court stated that SLP is a discretionary remedy, and the Court may refuse leave where no substantial question of law arises.
Encouraged limiting frivolous appeals.
Significance:
Defined contours of Supreme Court’s discretionary appellate jurisdiction.
3. ✅ State of UP v. Rajesh Gautam (2003) 5 SCC 1
Facts:
The appellant sought appeal against acquittal in a criminal case.
Held:
Supreme Court clarified that the prosecution has limited rights to appeal against acquittals.
Acquittal can only be challenged where there is a strong prima facie case and in the interest of justice.
Significance:
Protected the principle of double jeopardy and finality of acquittals.
4. ✅ K. Anbazhagan v. P. Karthikeyan (2012) 12 SCC 118
Facts:
The accused challenged conviction relying on inconsistencies in the prosecution case.
Held:
Supreme Court emphasized that appellate courts must not disturb concurrent findings of fact by trial and High Court unless there is a glaring error.
The principle of benefit of doubt must be applied in favor of the accused.
Significance:
Clarified appellate standards regarding appreciation of evidence.
5. ✅ Swamy Shraddananda v. Union of India (2010) 11 SCC 508
Facts:
The appellant challenged the High Court’s decision refusing to interfere with conviction.
Held:
Supreme Court held that even in serious offenses, the appellate court must ensure fair trial and not merely rely on lower courts' findings.
Courts should carefully consider the facts and law before upholding convictions.
Significance:
Stressed thorough scrutiny in appeals involving serious crimes.
6. ✅ Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Facts:
The appellant sought appeal against acquittal by High Court.
Held:
Supreme Court reiterated the limited scope of prosecution appeals against acquittals under CrPC.
Emphasized that interference is warranted only when there is a serious miscarriage of justice.
Significance:
Maintained balance between prosecution rights and protection against wrongful conviction.
🔹 Key Principles Governing Criminal Appeals
| Principle | Explanation |
|---|---|
| Scope of appeal | Re-examination of evidence, errors of law, or procedural lapses |
| Concurrent findings | Appellate courts usually respect trial and HC concurrent findings |
| Double jeopardy | Protection against multiple trials for same offense |
| Benefit of doubt | Given to accused in case of doubt in evidence |
| Discretionary jurisdiction | Supreme Court grants leave only in substantial cases |
| Finality of judgments | Appeals must not delay justice unduly |
🔹 Procedure of Criminal Appeals
Filing appeal within prescribed time limits.
Preparation of appeal records from trial courts.
Hearing before appellate court — focus on errors in trial or law.
Judgment — uphold, reverse, or modify trial court order.
Further appeal to Supreme Court by SLP or special appeal (death penalty cases).
🔹 Conclusion
Criminal appeals in High Courts and the Supreme Court ensure justice by providing a forum for correcting errors. Landmark rulings have established:
The broad supervisory powers of High Courts.
The discretionary but crucial role of the Supreme Court.
The protection of rights of accused and victims alike.
The importance of finality and timely disposal of appeals.
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