Appeal or revision
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.
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.