• Criminal appeal or revision grounds

Your Honour,

The FIR was registered by police on IPC 498a, 506(i) r/w DP act 4 on my spouse complaint. Further The charge sheet was levied on 406, 498a IPC and Calendar case was taken by Judicial magistrate II and issued the process of summon. I presented the Defense witness u/s. 315 Cr.P.C in the case proceedings. I said in my defense that the chain and ring was given by spouse brother at the time of bridal procession, but i do not know whether it is gold! or how much it weighs! Further stated the same chain and ring was returned to Spouse on oilbath occasion and it was not in my dominance. The Judgement was pronounced, acquitting 498a IPC but the sentence of fine Rs.2000/- on 406 IPC. I was given option (high sentence, low sentence or fine) by the court under 248(2) crpc to plead on sentence,  I paid the fine. The sentence on 406 IPC was relied only upon the PW1 - Spouse, PW2-Spouse Father and PW3-Spouse Mother Deposition. There is no document evidence for their claimed jewels given to me, has been produced to court by prosecution. Even though court consider that the prosecution proved on 406 IPC beyond the reasonable doubt and convicting me on 406 IPC with fine only. I feel aggrieved by Judgement since this is my first criminal record will be blackmark and social stigma for my entire life and it will affect my career and Ph.d perusal. my spouse intention is malafide to achieve ulterior motive.

Question:

1. Whether it is possible to file Criminal appeal memo in session court allowable, since i paid the fine?
If answer for question(1) is yes, on what grounds i can Plead for reexamination of judgement. If answer for Question(1) is No, what is the thing i have to do?

2.Whether it is possible to file Criminal revision memo in High court allowable, since i paid the fine?
If answer for question(2) is yes, on what grounds i can Plead for review of judgement. If answer for Question(2) is No, what is the thing i have to do?

Kindly give your suggestions and to make an effective solution for the above issue. Thanks and  Regards.
Asked 4 months ago in Criminal Law from Thane, Maharashtra
Religion: Hindu
1. You should not have paid the fine if you wanted to challenge the conviction. It seems that you acted without or despite a lawyer. Although the fine amount can be refunded if the conviction is set aside by the higher court, but it will be an uphill task to have the appeal adjudicated on merits now. Revision may be filed only if the court has passed the order without considering the evidence on record. 

2. Your lawyer alone can decide the remedy to be adopted after a threadbare perusal of the order.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. It is difficult to have the appeal admitted but you can go for the revision, subject to the reasoning or lack of it in the court order.

2. Your approach seems to be theoretical and a far cry from the practical reality. Look justice is an expression that has a subjective meaning. What is justice for one is injustice for the opposite party in a legal proceeding. The court below has held you guilty of one offence, and acquitted you of other. Isn't there injustice for your spouse as the court has acquitted you of 498A? There may be delays in the courts and there may be strikes by lawyer but when there are no strikes the lawyers give put their heart out in the legal representation of their clients.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Appeal against conviction -- under Section 374 of Code

2)  Section 374(1) relates to a right of appeal of a convicted person, on a trial held by a High Court in extra- ordinary original criminal jurisdiction, to the Supreme Court. Section 374(2) vests, a right to appeal to High Court, in a person convicted, on a trial held either by a Sessions Judge or Additional Sessions Judge or by any other Court in which the imprisonment for more than seven years has been passed either against him or against any person convicted in the same trial, whereas Sub-Section (3) of Section 374 provides that any person, convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of 1st Class or Second Class or sentence under Section 325 Cr.P.C. or in respect of whom an order has been made or a sentence has been passed under Section 360 by any Magistrate, may appeal to Court of Sessions.
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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 Section 376 bars filing of appeal in petty cases. For instance, where a Court of Sessions or a Metropolitan Magistrate passes a sentence of imprisonment for a term not exceeding three months or of fine not exceeding 200 rupees or of both, imprisonment or fine, no appeal is provided under the Code. In such cases, the informant or the complainant can take recourse to only the revisional power under Section 397 and 401 of the Code. This is only by way of an illustration. The other instances, wherein no appeal is provided in petty cases, are mentioned in Section 376 itself, which we quote hereinbelow:

"376. No appeal in petty cases.- Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:-
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or
(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees; Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appelable merely on the ground-
(i) that the person convicted is ordered to furnish security to keep the peace; or
(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the   amount hereinbefore specified in respect of the case".
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Whether it is possible to file Criminal appeal memo in session court allowable, since i paid the fine?
If answer for question(1) is yes, on what grounds i can Plead for reexamination of judgement. If answer for Question(1) is No, what is the thing i have to do?

You can prefer an appeal before the sessions court seeking justice on the basis of the aggrieved judgment by the trial court. 






2.Whether it is possible to file Criminal revision memo in High court allowable, since i paid the fine?
If answer for question(2) is yes, on what grounds i can Plead for review of judgement. If answer for Question(2) is No, what is the thing i have to do?

You are entitled to file an appeal hence there is no necessity for criminal revision before high court.  You can get remedy in the district sessions court itself.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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