Code:
(1) Any person sentenced by any Court other than a High Court under section 344, section 345, section 349, or section 350 may, notwithstanding anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.
(2) The provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 347 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.
Explanation:
- Sections 344, 345, 349, and 350 of CrPC relate to offences committed by public servants while exercising their powers. These sections deal with wrongful confinement, assault, wrongful seizure, and extortion by public servants, respectively.
- Section 351grants the right to appeal against convictions under these sections to both the accused and the prosecution.
- The appeal lies to the Court of Session (if the conviction is by a Magistrate) or to the High Court (if the conviction is by the Court of Session).
- The appeal can be made on grounds of the conviction being wrong in law or on facts, or on the sentence being excessive.
Illustration:
Imagine a police officer wrongfully arrests and confines a person without any legal justification. The person is convicted by a Magistrate under Section 344 of CrPC. The person can then appeal against this conviction under Section 351 to the Court of Session, challenging the conviction based on the lack of evidence or the magistrate’s incorrect interpretation of the law.
Common Questions and Answers:
Q: Who can appeal under Section 351?
A: Both the accused and the prosecution can appeal.
Q: What are the grounds for appeal?
A: The grounds are the same as for other criminal appeals, such as the conviction being wrong in law or on facts, or the sentence being excessive.
Q: Where does the appeal lie?
A: The appeal lies to the Court of Session (if the conviction is by a Magistrate) or to the High Court (if the conviction is by the Court of Session).
