(i) to the appellant or his pleader;
(ii) to such officer as the State Government may appoint in this behalf;
(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;
(iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.
(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:
Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.
(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.
Contents
Explanation:
Section 385 of the Code of Criminal Procedure (CrPC) deals with the procedure for hearing appeals that are not dismissed summarily. It outlines the process for the appellate court to follow in cases where an appeal is not disposed of without a full hearing. When an appeal is not dismissed summarily, the appellate court must follow these steps:- Notice to the parties: The appellate court will issue a notice to the appellant, respondent, and any other necessary parties, informing them about the date and time of the hearing. This allows all parties involved to prepare their arguments and evidence.
- Oral arguments: The appellate court will allow both the appellant and the respondent to present their arguments orally. This includes explaining their position on the appeal and responding to points raised by the other party.
- Evidence: While the appellate court primarily reviews the evidence presented during the original trial, it may also allow the parties to introduce new evidence, especially if the original trial was unfair or lacked sufficient evidence.
- Judgment: After hearing the arguments and considering the evidence, the appellate court will deliver its judgment. This judgment can uphold, reverse, or modify the original trial court’s decision.
Illustration:
Imagine a case where a person is convicted of theft by a trial court. The accused files an appeal challenging the conviction. The appellate court, after reviewing the appeal, decides not to dismiss it summarily. In this case, Section 385 of CrPC will come into play. The appellate court will issue notices to both the accused (appellant) and the prosecution (respondent), fix a date for hearing, and allow both parties to present their arguments and evidence. After careful consideration, the appellate court may either uphold the conviction, reverse it, or modify it based on its findings.Common Questions & Answers:
Q: What happens if an appeal is dismissed summarily?
A: If an appeal is dismissed summarily, the appellate court finds the appeal to be without merit or lacking in substance and does not require a full hearing. The original trial court’s decision stands as the final judgment.Q: Can new evidence be presented during the appellate hearing?
A: While the appellate court primarily reviews the evidence from the original trial, it may allow new evidence to be presented if it is relevant, material, and was not available during the original trial due to circumstances beyond the parties’ control.Q: What are the possible outcomes of an appeal under Section 385?
A: The appellate court can uphold the original trial court’s decision, reverse it entirely, or modify it by changing parts of the judgment or sentence.
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