Section 385 of CrPC : Section 385: Procedure for hearing appeals not dismissed summarily.

Explanation using Example

Example 1:

Scenario: Rajesh was convicted of theft and sentenced to two years in prison by a lower court. He believes the sentence is too harsh and decides to appeal.

Application of Section 385:

1. Notice of Appeal Hearing: The appellate court does not dismiss Rajesh's appeal summarily. Therefore, it sends a notice to Rajesh and his lawyer, the public prosecutor appointed by the State Government, and the complainant (the person whose property was stolen) informing them of the time and place of the appeal hearing.
2. Record of the Case: The appellate court requests the record of Rajesh's case from the lower court.
3. Hearing the Parties: During the hearing, Rajesh's lawyer argues that the sentence is too severe. The public prosecutor and the complainant also present their arguments.
4. Decision: The appellate court reviews the case records and the arguments presented by both sides before making a decision on whether to reduce Rajesh's sentence.

Example 2:

Scenario: Priya was convicted of causing grievous hurt and sentenced to five years in prison. She believes she was wrongly convicted and files an appeal.

Application of Section 385:

1. Notice of Appeal Hearing: The appellate court does not dismiss Priya's appeal summarily. It sends a notice to Priya and her lawyer, the public prosecutor appointed by the State Government, and the complainant (the victim) informing them of the time and place of the appeal hearing.
2. Record of the Case: The appellate court requests the record of Priya's case from the lower court.
3. Hearing the Parties: During the hearing, P...

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