Section 374 of CrPC : Section 374: Appeals from convictions.
CrPC
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Explanation using Example
Example 1:
Scenario: Rajesh was convicted by the High Court of Delhi under its extraordinary original criminal jurisdiction for a serious financial fraud case. He believes that the conviction was unjust and wants to challenge it.
Application of Section 374(1): Rajesh can appeal to the Supreme Court of India against his conviction by the High Court of Delhi.
Example 2:
Scenario: Priya was convicted by the Sessions Judge in Mumbai for a crime and was sentenced to 10 years of imprisonment. She believes there were errors in the trial and wants to appeal the conviction.
Application of Section 374(2): Priya can appeal to the High Court of Bombay against her conviction and the sentence of 10 years imprisonment passed by the Sessions Judge.
Example 3:
Scenario: Sunil was convicted by a Metropolitan Magistrate in Bangalore for a minor theft and was sentenced to 6 months of imprisonment. He believes the evidence was not properly considered and wants to appeal.
Application of Section 374(3)(a): Sunil can appeal to the Court of Session against his conviction by the Metropolitan Magistrate.
Example 4:
Scenario: Anjali was convicted by a Magistrate of the first class in Chennai and was sentenced under Section 325 of the Indian Penal Code for causing grievous hurt. She feels the sentence was too harsh and wants to appeal.
Application of Section 374(3)(b): Anjali can appeal to the Court of Session against the sentence passed under Section 325 by the Magistrate of the first class.
Example 5:
Scenario: Ravi was convicted by a Magistrate in Kolkata and was given a probation order under Section 360 of the Indian Penal Code. He believes the probation order was unfair and wants to appeal.
Application of Section 374(3)(c): Ravi can appeal to the Court of Session against the probation order passed under Section 360 by the Magistrate.
Example 6:
Scenario: Meera was convicted under Section 376 of the Indian Penal Code for a serious offense and sentenced to 20 years of imprisonment. She filed an appeal against the conviction and sentence.
Application of Section 374(4): The appeal filed by Meera against the sentence under Section 376 must be disposed of within six months from the date of filing of the appeal.