Appeal against acquittal order of High Court
My case was investigated by CBCID and fought by Govt Advocate and on d basis of their report, and witnesses the session court awarded Capital Punishment to 3 Accused and LI to 4. Thereafter we got relaxed and my Govt Advocate assured me that the High Court will approve the judgement. But High Court has reversed the judgement and the accused have been set free. I want these accused to be sent to jail again and appeal against the acquittal order of High Court. Plz suggest
Asked 3 years ago in Criminal Law from Lucknow, Uttar Pradesh
You have to challenge the decision in the supreme court in Special leave petition.
Since you have to disclosed much on the details of the decision of acquittal, i can not make comment on the merit of the appeal in supreme court. Asl ong as your appeal is not disposed of in your favour they can not be sent to jail again.
Since we specialise in appeals in Supreme Court , feel free to contact us in the event you wish prefer such appeal in supreme court.
High Court has commented that the "Session court has placed much reliance on d inadmissible or unreliable evidences and ignored several material contradictions very lightly. The court has also failed to understand as to how the trial court has distinguished the case of 3 accused and sentenced them to jail. Thus trial court order under 366 crpc deserves to be annulled and hereby annulled."
Asked 3 years ago
1. You can not demand others to be sent to jail when you are not affected by the High court judgement,
2. You could have gone for appeal against the High Court Judgement, had it been againt you,
3. However, the prosecution can appeal against the said judgement before the Higher Court.
The prosecution can go for an appeal to set aside the said Judgement of the High Court, before the higher Bench.
The merit of these statements can only be appreciated by going through the whole judgements and the testimonies of prosecution witnesses including other documents if exhibitted.
Prima facie the HC does not appear to have given any cogent reason for reversal of sessions court decision nor the reason for arriving at on such conclusion.
1. Since the HC has reversed the judgment of the lower court and set them free the only legal recourse available to you is to challenge the judgment of the HC in the Supreme Court of India which can again sentence them to death.
2. You can file a private appeal through your lawyer in the SC.
File an appeal/SLP against the HC Order before Supreme Court.
Advocate, New Delhi