What are powers of the Appellate Court? What are judgment of Subordinate Appellate Court? Section 386 and 387 of Code of Criminal Procedure 1973

Powers of the Appellate Court judgment of Subordinate and Appellate Court are defined under Section 386 and 387 of CRPC 1973. Provisions under these sections are:

 

Section 386 of CRPC "Powers of the Appellate Court"

After perusing, such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears and in case of an appeal under Section 377 or Section 378, the accused if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may:--

 

 

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law.

(b) in an appeal from a conviction:--
(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or

(ii) after the finding, maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the

sentence, but not so as to enhance the same--

(c) in an appeal for enhancement of sentence:--

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried

by a Court competent to try the offence, or

(ii) after the finding maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of

the sentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;

(e) make any amendment or any consequential or incidental order that may be just or proper:

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

 

Section 387 of CRPC "judgment of Subordinate Appellate Court"

The rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate:

Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear the judgment delivered.

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