Section 393 of CrPC : Section 393: Finality of judgments and orders on appeal.

CrPC

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Explanation using Example

Example 1:

Scenario: Rajesh was convicted of theft and sentenced to two years in prison by a lower court. He appealed the conviction in the High Court. The High Court reviewed the case and upheld the conviction, maintaining the two-year sentence.

Application of Section 393: The judgment and order passed by the High Court upon Rajesh's appeal are final. Rajesh cannot appeal this decision further, except in specific cases provided for in sections 377, 378, sub-section (4) of section 384, or Chapter XXX of the Code of Criminal Procedure, 1973.

Example 2:

Scenario: Priya was acquitted of fraud charges by a lower court. The state government, believing the acquittal was incorrect, filed an appeal under section 378 in the High Court. Simultaneously, the victim of the fraud, Ramesh, filed an appeal for the enhancement of the sentence under section 377, arguing that the lower court's decision was too lenient.

Application of Section 393: Even though the High Court has already disposed of Priya's acquittal appeal, it can still hear and dispose of Ramesh's appeal for the enhancement of the sentence on its merits. This means that the High Court's judgment on the acquittal does not prevent it from considering the appeal for a harsher sentence.

Example 3:

Scenario: Sunil was convicted of assault and sentenced to six months in prison. He appealed the conviction, and the Appellate Court reduced his sentence to three months. Meanwhile, the victim, Anil, filed an appeal under section 377 for the enhancement of the sentence, believing the reduced sentence was too lenient.

Application of Section 393: The Appellate Court's decision to reduce Sunil's sentence to three months is final. However, the court can still hear and decide on Anil's appeal for the enhancement of the sentence, even though it has already disposed of Sunil's appeal against his conviction.

Example 4:

Scenario: Meera was convicted of embezzlement and sentenced to five years in prison. She appealed the conviction, and the Appellate Court upheld the conviction but reduced the sentence to three years. The state government, believing the reduced sentence was too lenient, filed an appeal under section 377 for the enhancement of the sentence.

Application of Section 393: The Appellate Court's decision to uphold Meera's conviction and reduce her sentence to three years is final. However, the court can still hear and decide on the state's appeal for the enhancement of the sentence, even though it has already disposed of Meera's appeal against her conviction.

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