Appeals

When an accused is tried by the court of law, then law provides him the best of the facelities of fair  trail. Where accused is considered to be the favourite child of law. In order to provide   the accused the right to fair trail, accused is being given the right to appal against his conviction. Similarly if the court acquits the accused then prosecution is   also provided with the right of    fair trail.As in these circumstances the accused has also the right of appeal against such acquital.

 

404. Unless otherwise provided, no appeal to lie. No appeal shall lie from any judgment or order of a
Criminal Court except as provided for by this or by any other law for the time bring in force.
405. Appeal from order rejecting application for restoration of attached property. An person whose
application under section 89 for the delivery of property or the proceeds of the sale thereof has been
rejected by any Court may appeal to the Court to which appeals ordinarily lie from the sentences of the
former Court.
406. Appeal from order requiring security for keeping the peace or for good behavior. Any person
who has been ordered by a Magistrate under section 118 to give security for keeping the peace or for good
behavior may appeal against such order: to the Court of Session:
[Provided that the Provincial Government may, by notification in the official Gazette, direct that in any
district specified in the notification appeals from such orders made by a Magistrate other than the District
Magistrate shall lie to the District Magistrate and not the Court of Session:
Provided, further, that nothing in this section shall apply to person the proceedings against whom are laid
before a Sessions Judge in accordance with the provisions of subsection (2) or sub-section (3A) of section
123.]
[406-A. Appeal from order refusing to accept or rejecting a surety. Any person aggrieved by an order
refusing to accept or rejecting a surety under section 122 may appeal against such order to the Court of
Session].
[407. Appeal from sentence of Magistrate of the second or third class. (1) Any person convicted on a
trial held by any Magistrate of the second or third class, or any person sentenced under section 349 .... may appeal to the District Magistrate.
(2) Transfer of appeals to first class Magistrate. The District Magistrate may direct that any appeal under
this section, or any class of such appeals, shall be heard by any Magistrate of the first class subordinate to
him and empowered by the Provincial Government to hear such appeals, and thereupon such appeal or
class of appeals may be presented to such subordinate Magistrate or If already presented to the District
Magistrate, may be transferred to such subordinate Magistrate. The District Magistrate may withdraw from
such Magistrate any appeal or class of appeals so presented or transferred.]

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