No appeal to lie unless otherwise provided, Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour and Appeals from convictions are defined under Section 372,373 and 374 of CRPC 1973. Provisions under these sections are:
Section 372 of CRPC "No appeal to lie unless otherwise provided"
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any law for the time being in force.
Section 373 of CRPC "Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour"
Any person,--
(i) who has been ordered under Section 117 to security for
keeping the peace or for good behaviour, or
(ii) who is aggrieved by any order refusing to accept or
rejecting a surety under Section 121,
may appeal against such order to the Court of Session:
Provided that nothing in this section shall apply to persons
the proceedings against whom are laid before a sessions
Judge in accordance with the provisions of sub-section (2)
or sub-section (4) of Section 122
Section 374 of CRPC "Appeals from convictions"
(1) Any person convicted on a trial held by a High Court
in its extraordinary original criminal jurisdiction may
appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge
or an Additional Sessions Judge or on a trial held any other
Court in which a sentence of imprisonment more than seven
years has been against him or against any other person
convicted at the same trial may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any
person:--
(a) convicted on a trial held by a Metropolitan Magistrate
or Assistant Sessions Judge or Magistrate
of the first class, or of the second class, or
(b) sentenced under Section 325, or
(c) in respect of whom an order has been made or a sentence
has been passed under Section 360 by any Magistrate may
appeal to the Court of Session.
CASE-LAW
Prior statement of a witness cannot be used as substantive
evidence, 1997 (1) SCC 145.
STATE AMENDMENTS
Punjab :- In sub-section (3) for the words "Magistrate of
First Class" the words "Executive Magistrate" shall be
substituted.
Union Territory of Chandigarh :- Same as in Punjab.
APPEALS