CRIMINAL APPEAL AGAINST CONVICTION

A PROJECT REPORT

Submitted in partial fulfilment of the

requirement for the award of the

degree

of
LLB
by

NITESH KUMAR – 221302022

SCHOOL OF LAW
MANIPAL UNIVERSITY JAIPUR
JAIPUR - 303007
RAJASTHAN, INDIA

NOVEMBER 2024
 DEPARTMENT OF LAW(C&M)
MANIPAL UNIVERSITY JAIPUR, JAIPUR – 303007
(RAJASTHAN), INDIA

Date : 05.11.2024

CERTIFICATE

This is to certify that the project titled

CRIMINAL APPEAL AGAINST CONVICTION is a record of the
bonafide work done by NITESH KUMAR (221302022) submitted in
partial fulfilment of the requirements for the award of the LLB in
School of Law of Manipal University Jaipur, during the academic
year 2024-25.

Ms. Shruti Bitoliya

Project Guide, Dept of Law
Manipal University Jaipur

Dr. Sonu Agarwal

HOD, Dept of Law (C&M)
Manipal University Jaipur

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 Date : 05.11.2024

CERTIFICATE

This is to certify that the project entitled titled CRIMINAL APPEAL

AGAINST CONVICTION was carried out by NITESH KUMAR
(221302022) at Manipal University Jaipur under my guidance during
September, 2024 to November 2024.

Ms. Shruti Bitoliya

Project Guide, Dept of Law
Manipal University Jaipur

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 ACKNOWLEDGMENTS

I would like to thank our professors who gave me this opportunity to work
on this project assignment. I got to learn a lot from this law assignment. It
helped me in developing the skill of reading, analyzing and understanding
different perspectives of a arbitration. I would like to thank my classmates
who helped me in the process of the assignment.

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 Introduction
A criminal appeal is a legal process through which a defendant seeks to
challenge a conviction or sentence imposed by a lower court. This process
allows the defendant to request a higher court to review the case for errors
that may have affected the outcome of the trial. Here are some key points
regarding criminal appeals:

1. Purpose of Criminal Appeal

 The primary purpose is to ensure that justice is served by reviewing

potential legal errors that could have influenced the verdict or the sentence.
 Appeals can be based on various grounds, including improper admission
or exclusion of evidence, prosecutorial misconduct, ineffective assistance
of counsel, or incorrect jury instructions.

2. Grounds for Appeal

 Legal Errors: Mistakes made during the trial that violate the defendant’s
rights or affect the fairness of the trial.
 Insufficient Evidence: Claims that the evidence presented at trial was
inadequate to support a conviction.
 Sentencing Issues: Challenges to the legality or fairness of the sentence
imposed.

3. Process of Filing an Appeal

 Notice of Appeal: The first step is to file a notice of appeal with the
appropriate appellate court within a specified time frame, usually shortly
after the trial court's decision.
 Preparation of Record: The trial court record, including transcripts,
exhibits, and any relevant documents, is prepared for review.
 Briefs: The appellant (the party appealing) submits a written brief
outlining the legal arguments for the appeal, while the appellee (the
opposing party) submits a responding brief.
 Oral Argument: In some cases, the appellate court may hold oral
arguments where both sides can present their case.

4. Outcomes of a Criminal Appeal

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  Affirmation: The appellate court agrees with the lower court's decision
and upholds the conviction or sentence.
 Reversal: The appellate court finds significant errors that warrant
reversing the conviction or modifying the sentence.
 Remand: The case may be sent back to the lower court for further
proceedings, which could include a new trial or resentencing.

5. Types of Criminal Appeals

 Direct Appeal: An appeal made immediately after the conviction.
 Post-Conviction Appeal: Filed after all direct appeal options have been
exhausted, often focusing on new evidence or legal claims that were not
previously considered.

6. Legal Representation
 Defendants are often advised to seek legal counsel experienced in appellate
law to navigate the complexities of the appeal process effectively.

To conclude, Criminal appeals serve as an essential safeguard in the

judicial system, allowing for the review and correction of potential errors
in criminal cases. This process ensures that defendants receive a fair trial
and that justice is upheld.

Criminal Appeal Provisions Under the Code of Criminal

Procedure, 1973

The Code of Criminal Procedure (CrPC), 1973, governs the procedure for
criminal trials and appeals in India. The provisions relating to criminal
appeals are primarily encapsulated in Chapter XXIX, which outlines the
framework for challenging convictions and sentences imposed by lower
courts. This detailed overview will explore the key provisions and
procedures involved in filing a criminal appeal, as well as the rights of the
accused and the appellate court's powers.

1. Right to Appeal

The right to appeal in criminal cases is a statutory right, and various

sections of the CrPC provide this right to convicted individuals.

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  Section 374: This section explicitly mentions the right of a person
convicted by a Sessions Court to appeal to the High Court. Additionally,
it provides that any person convicted by a Magistrate can appeal to the
Sessions Court. This section thus ensures that the right to appeal is
accessible based on the level of court from which the conviction originates.

2. Types of Appeals

There are different types of appeals outlined in the CrPC:

 Appeals from Conviction: Under Section 374, an appeal can be made

against a conviction and sentence awarded by a trial court. This includes
appeals against both sessions court convictions and those by magistrates.
 Appeals by the State: Section 378 permits the State to appeal against an
acquittal. This provision underscores the State’s interest in ensuring that
justice is served and that wrongful acquittals can be challenged.

3. Grounds for Appeal

An appeal can be based on several grounds, including:

 Errors in Law: This may involve incorrect application or interpretation of

legal principles by the trial court.
 Procedural Irregularities: If the trial court did not adhere to proper legal
procedures, this can be a basis for appeal.
 Insufficiency of Evidence: If the evidence presented at trial does not
support the conviction, this can be contested on appeal.
 Violation of Rights: Any infringement of the rights of the accused, such
as denial of legal representation or fair trial, can be grounds for appeal.

4. Filing the Appeal

The process of filing an appeal is structured and must adhere to specific

timelines and requirements:

 Time Limit: According to Section 374(2), a convicted person must file an

appeal within 30 days from the date of the judgment. This period can be
extended by the appellate court under certain circumstances, particularly
if sufficient reasons for delay are shown.

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  Form of the Appeal: The appeal must be made in writing, detailing the
grounds for appeal. This document must be clear and precise, outlining the
reasons for contesting the lower court's decision.
 Court of Appeal: The appeal must be filed in the appropriate appellate
court:
o Appeals against Sessions Court convictions go to the High Court.
o Appeals against Magistrate convictions are filed in the Sessions Court.

5. Procedure After Filing the Appeal

Once an appeal is filed, the following steps are generally followed:

 Preparation of the Paperbook: The appellant must prepare a paperbook

containing relevant documents, including the trial court judgment,
evidence, and any other necessary records. This aids the appellate court in
reviewing the case.
 Notice to the Respondent: The appellant is required to serve notice of the
appeal to the respondent, ensuring that all parties are informed of the
appeal proceedings.
 Hearing of the Appeal: The appellate court will schedule a hearing.
During the hearing, both parties can present their arguments. The
appellant’s counsel will outline the grounds for the appeal, while the
respondent may defend the original judgment.

6. Powers of the Appellate Court

The appellate court has broad powers in reviewing a case:

 Reversal or Modification of Judgment: Under Section 386, the appellate

court can reverse or modify the trial court's judgment. This includes
altering the conviction or sentence based on the merits of the case.
 Remand: The appellate court may also remand the case back to the trial
court for further proceedings, particularly if there were significant
procedural flaws that need rectification.
 Hearing New Evidence: In certain situations, the appellate court may
allow new evidence to be presented if it is deemed relevant and necessary
for determining the case.

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 7. Finality and Further Appeals

 Finality of Appellate Court's Decision: The decision of the appellate

court is generally final unless a further appeal is permitted to the Supreme
Court. This is typically allowed under Article 136 of the Constitution,
where the Supreme Court can grant special leave to appeal against any
judgment of the High Court.
 Execution of Sentence: If the appeal results in the upholding of the
conviction, the sentence may be executed immediately, unless a stay is
granted pending further appeals.

8. Legal Aid and Representation

Under the Legal Services Authorities Act, 1987, individuals who cannot
afford legal representation have the right to free legal aid. This ensures that
the right to appeal is not hindered by financial constraints, promoting
access to justice for all.

To conclude, the provisions governing criminal appeals in the CrPC, 1973,

provide a robust framework for challenging convictions and ensuring that
justice is served. The right to appeal safeguards against miscarriages of
justice by allowing a higher court to review the decisions of lower courts.
Through structured procedures and specific timelines, the appellate
process upholds the principles of fairness and accountability within the
criminal justice system.

Procedure for filing an appeal against conviction

Filing an appeal against conviction under Section 374 of the Code of
Criminal Procedure (CrPC), 1973, involves a structured process aimed at
ensuring justice for individuals who have been convicted by a lower court.
Below is a detailed outline of the procedure for filing such an appeal.

1. Understanding the Right to Appeal

Under Section 374, a person convicted by a Sessions Court has the right
to appeal to the High Court. Similarly, a person convicted by a Magistrate
can appeal to the Sessions Court. This right is critical for ensuring that
convictions can be challenged and reviewed.

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 2. Time Limit for Filing the Appeal
 Time Frame: The appeal must be filed within 30 days from the date of the
judgment or order being challenged. This period is crucial, as failure to
adhere to this timeline may result in the appeal being dismissed as time-
barred.
 Extension of Time: The appellate court has the discretion to extend this
period in certain circumstances, particularly if the appellant can provide
valid reasons for the delay. An application for extension must be submitted
along with the appeal.

3. Drafting the Appeal

 Written Document: The appeal must be prepared in writing, usually
referred to as a "Memorandum of Appeal." This document should clearly
state the grounds on which the appeal is based.
 Contents of the Appeal: The memorandum should include:
o The title of the case, including the names of the appellant and the
respondent.
o Details of the judgment or order being appealed against.
o Specific grounds for the appeal, outlining the errors made by the trial court.
o Relief sought, such as overturning the conviction or reducing the sentence.

4. Preparation of Paperbook

 Compilation of Documents: The appellant must compile a paperbook

containing relevant documents and evidence that were part of the trial
proceedings. This includes:
o The judgment of the trial court.
o Evidence presented during the trial.
o Any statements or confessions made by the accused.
 Filing the Paperbook: The paperbook should be filed along with the
appeal to aid the appellate court in its review.

5. Filing the Appeal

 Court of Jurisdiction: The appeal should be filed in the appropriate

appellate court:
o Appeals against Sessions Court convictions are filed in the High Court.
o Appeals against convictions by Magistrates are filed in the Sessions Court.
 Fee Payment: The requisite court fees must be paid at the time of filing
the appeal. The fee structure may vary based on the court and nature of the
appeal.

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 6. Serving Notice to the Respondent
 Notice Requirement: Once the appeal is filed, the appellant is required to
serve notice of the appeal to the respondent (usually the State or the
prosecution). This ensures that all parties are informed about the appeal
proceedings.

7. Hearing of the Appeal

 Scheduling the Hearing: The appellate court will schedule a hearing date
once the appeal is filed. Both the appellant and the respondent will be
notified of the hearing date.
 Presenting Arguments: During the hearing:
o The appellant’s counsel presents the case, focusing on the grounds of
appeal.
o The respondent’s counsel will defend the original conviction and provide
arguments to uphold the trial court's decision.

8. Powers of the Appellate Court

The appellate court has the authority to:

 Review Evidence: It can re-evaluate evidence and testimonies presented

during the trial.
 Reverse or Modify the Judgment: Based on the merits of the case, the
court may reverse the conviction, modify the sentence, or even remand the
case for retrial if procedural flaws are identified.
 Grant Stay Orders: The appellate court can issue a stay on the execution
of the sentence pending the outcome of the appeal.

9. Outcome of the Appeal

 Judgment: After considering the arguments and evidence, the appellate
court will deliver its judgment, which can result in:
o Upholding the original conviction.
o Overturning the conviction.
o Modifying the sentence.
 Further Appeals: If the appellant is dissatisfied with the appellate court’s
decision, they may seek further redress from the Supreme Court under
Article 136 of the Constitution, subject to certain conditions.

10. Legal Aid

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 If the appellant cannot afford legal representation, they have the right to
seek legal aid under the Legal Services Authorities Act, 1987. This ensures
that financial constraints do not impede access to justice.

To conclude, filing an appeal against conviction under Section 374 of the

CrPC is a crucial step in the criminal justice process, allowing individuals
to challenge potentially wrongful convictions. Understanding the
procedure, timelines, and requirements is essential for successfully
navigating the appellate process. The system is designed to ensure fairness
and uphold the rights of the accused, reinforcing the fundamental principle
of justice in legal proceedings.

DRAFT FOR CRIMINAL APPEAL

AGAINST CONVICTION BELOW -

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 IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1209 OF 2024

DISTRICT : JAIPUR

Mr. Ramlal Kumar.

Age 23 years, Occ: Businessman

S/O Mr. Chandan Kumar
R/o 13-D, Vidhyadhar Nagar, Jaipur,
Rajasthan - 301100
APPELLANT

(At present serving the sentence of

rigorous imprisonment).

VERSUS

THE STATE OF RAJASTHAN RESPONDENT

TO,

THE HONORABLE CHIEF JUSTICE AND THE

OTHER HONORABLE COMPANION JUDGES OF
THE HONORABLE HIGH COURT OF RAJASTHAN.

HUMBLE APPEAL OF THE

APPELLANT ABOVENAMED.

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MOST RESPECTFULLY SHEWETH:

1. That this appeal is filed by the Appellant, Ramlal Kumar, S/o Chandan Kumar, aged 23
years, residing at 13-D, Vidhyadhar Nagar, Jaipur, Rajasthan. The Respondent is the State
of Rajasthan, represented by the Public Prosecutor.

2. That the Appellant was convicted by the Additional Sessions Judge, Jaipur, on 15th
August 2024, under Section 302 of the Indian Penal Code for the alleged murder of one
Vikas Singh, which took place on 12th June 2023. The Appellant was sentenced to life
imprisonment and a fine of ₹20,000. The prosecution's case rested primarily on the
eyewitness testimony of Khushi Shah, who claimed to have witnessed the incident.

3. That the Appellant respectfully submits the following grounds for challenging the
conviction:

(a)Reliability of Prosecution Witnesses: The conviction relies heavily on the testimony

of Khushi Shah, who claims to have been an eyewitness. However, her credibility is
questionable due to prior animosity with the Appellant, which she openly acknowledged
during cross-examination. Furthermore, no corroborating witnesses were produced, and
the reliability of her statement was undermined by inconsistencies during her testimony.
The absence of other eyewitnesses raises doubts regarding the accuracy of her account,
which is crucial for a conviction under Section 302 IPC.

(b) Lack of Jurisdiction: The Additional Sessions Judge erred in assuming jurisdiction
over the case. The incident occurred within the jurisdiction of Mangrop Thana, which falls
under the District of Bhilwara and Sessions Court at Bhilwara itself. The proper course of
action would have been to transfer the case to the appropriate court, as mandated by
Section 177 of the Code of Criminal Procedure, 1973. As such, the proceedings conducted
by the Additional Sessions Judge are null and void.

(c) Mismatch Between Offence and Charges: The charges framed against the Appellant
do not align with the evidence presented. The facts indicate that the incident arose from a
sudden altercation between the Appellant and the deceased, Vikas Singh, rather than a
premeditated murder. The circumstances surrounding the case suggest that if any
culpability is to be assigned, it would fall under Section 304 IPC (culpable homicide not
amounting to murder). The trial court's failure to consider this misclassification constitutes
a significant error in the administration of justice.

(d) Failure to Consider Exculpatory Evidence: The trial court failed to acknowledge
crucial evidence, including CCTV footage from a nearby shop, which was obtained after
the trial commenced. This footage clearly shows the Appellant leaving the vicinity
approximately ten minutes before the time the prosecution claims the incident occurred.

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This evidence directly contradicts the prosecution’s timeline and should have been given
due consideration in the verdict.

(e) Inadequate Legal Representation: The Appellant was deprived of adequate legal
representation throughout the trial. The defence counsel did not effectively challenge the
admissibility of the prosecution's evidence, nor did he present key witnesses who could
have corroborated the Appellant's alibi. The failure to secure competent legal
representation undermines the integrity of the trial and constitutes grounds for appeal.

(f)Procedural Irregularities: Significant procedural irregularities marred the trial. The

Appellant was not afforded the opportunity to present a complete defence. Key documents
were not made available to him until after the trial commenced, violating the principles of
natural justice. Furthermore, the court did not provide adequate time for the defence to
prepare, which prejudiced the Appellant's ability to mount an effective defences

4. The Appellant has filed an affidavit affirming the truth of the facts stated herein.

5. The requisite court fee has been paid as per the prescribed rates.

6. The following documents are enclosed for reference:

 Copy of the judgment and order passed by the trial court.

 Transcript of the testimony of prosecution witness Khushi Shah.
 CCTV footage evidencing the Appellant’s alibi.
 A list of potential witnesses not called during the trial.
 Any additional documents relevant to the appeal.

7. Being aggrieved and dissatisfied by the said impugned Judgment and Order of
Conviction and Sentence passed by the learned Additional Sessions Judge at Jaipur, dated
15/08/2024, passed in Sessions Case No. 1209 0f 2024, the Appellant approach this
Hon’ble Court with the prayer that this Hon’ble Court may be pleased to quash and set
aside the impugned Judgment and Order of Conviction and Sentence on following
amongst other grounds which are taken without prejudice to one another. Hereto annexed
and marked as “EXHIBIT - A” is copy of the said Judgment and Order of Conviction and
Sentence dated 01/01/0001 passed by the learned Additional Sessions Judge at Jaipur, in
Sessions Case No.1209 of 2024.

PRAYER

In light of the grounds and facts presented herein, the Appellant, Ramlal Kumar,
respectfully prays that this Honourable Court may be pleased to:

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 1. Set aside the judgment and order dated 15th August 2024, passed by the Additional
Sessions Judge, Jaipur, in Sessions Case No. 1209 of 2024, on the grounds of
unreliable testimony, lack of jurisdiction, mismatch between the offence and
charges, and other procedural irregularities.
2. Acquit the Appellant of all charges under Section 302 of the Indian Penal Code
and any other related charges that may have arisen from the proceedings.
3. Order a re-examination of the evidence presented, including the exculpatory
evidence not considered during the trial, and ensure a fair trial in accordance with
the principles of natural justice.
4. Grant any other relief that this Honourable Court may deem fit and proper in the
interest of justice.

Place: Jaipur
Date: 5TH November 2024

APPELLANT
RAMLAL KUMAR

ADVOCATE
NITESH CHOUDHARY

VERIFICATION

I, Ramlal Kumar, the Appellant, hereby declare that the facts stated in this appeal from
para 1 to para 7 are true to the best of my knowledge and belief.

Place: Jaipur
Date: 5th November, 2024

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 AFFIDAVIT
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR

Criminal Appeal No. 1209 of 2024

Affidavit of Ramlal Kumar

I, Ramlal Kumar, son of Shree Chandan Kumar, aged about 23 years, resident of 13-D,
Vidyadhar Nagar, Jaipur, Rajasthan, do hereby solemnly affirm and state as follows:

1. That I am the Appellant in the above-mentioned appeal and am fully conversant

with the facts and circumstances of the case.
2. That I was convicted by the Additional Sessions Judge, Jaipur, in Sessions Case
No. 1209 of 2024, on 15th August 2024, under Section 302 of the Indian Penal
Code, pertaining to the alleged murder of Vikas Singh.
3. That I hereby affirm that the conviction was based on the following grounds:

a. Unreliable Testimony: The conviction was primarily based on the testimony

of prosecution witnesses whose credibility and reliability were not adequately
established during the trial. In particular, the testimony of witness Khushi Shah is
inconsistent and contradictory to the evidence presented.

b. Lack of Jurisdiction: The Additional Sessions Judge lacked jurisdiction to try

this case, as the alleged incident occurred outside the jurisdictional limits of the
Jaipur district. The case should have been filed in the district court of Bhilwara,
where the incident took place.

c. Mismatch Between Offence and Charges: The charge of murder under

Section 302 was not substantiated by the evidence presented. The nature of the
incident and the circumstances surrounding it do not match the severity of the
charges brought against me.

d. Procedural Irregularities: There were significant procedural lapses during

the trial, including the failure to provide adequate legal representation, which
prejudiced my right to a fair trial.

e. Exculpatory Evidence: Evidence that could exonerate me was not considered

by the trial court. Statements from key witnesses who could provide an alibi
were ignored.

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 4. That In view of the above grounds, I respectfully seek this Honourable Court’s
intervention to set aside the judgment and conviction, acquit me of all charges,
and grant any other relief deemed appropriate.
5. That I affirm that the contents of this affidavit are true to the best of my
knowledge, belief, and understanding. No part of it is false, and nothing material
has been concealed.

DEPONENT
Ramlal Kumar
(Seal/Signature)

Date: 5th November, 2024

Place: Jaipur

[Notary Public Signature and Seal]

(If required)

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