CRIMINAL CODE OF PROCEDURE

PROJECT

RATIONALE AND SCOPE OF

APPEAL

SUBMITTED TO : Mr. Sanjeev SUBMITTED BY : Soumil goyal

ROLL NUMBER : 97/13

CLASS : 6th Sem ballb

 ACKNOWLEDGEMENT

The present project on the Rationale and Scope of Appeal has been able to get its final
shape with the support and help of people from various quarters. My sincere thanks go to all
the members without whom the study could not have come to its present state. I am proud to
acknowledge gratitude to the individuals during my study and without whom the study may
not be completed. I have taken this opportunity to thank those who genuinely helped me.

With immense pleasure, I express my deepest sense of gratitude to Mrs Sangeeta bhalla.,
Faculty for Criminal Law, University Institute of Legal Studies for helping me in my project.
I am also thankful to the whole University Institute of Legal Studies family that provided me
all the material I required for the project. Not to forget thanking to my parents without the co-
operation of which completion of this project would not had been possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission
that may have inadvertently taken place. Last but not least I would like to thank Almighty
whose blessing helped me to complete the project.
 INTRODUCTION
The word appeal means the right of carrying a particular case from an inferior to a
superior Court with a view to ascertain whether the judgement is sustainable.
An appeal is creature of statute and only exists where expressly given.
The Supreme Court of India has held that it will not grant special leave to appeal
under Art.136(1) of the Constitution unless it is shown that exceptional and special
circumstances exist, that substantial and grave injustice has been done and the case in
question presents features of sufficient gravity to warrant a review of the decision
appealed against.1
Provisions of Indian Constitution in matters of criminal appeal- Article 132(1)
provides that an appeal shall lie to the Supreme Court from any judgement, decree or
final order of a High Court whether in a civil, criminal or other proceeding, if the
High Court certifies that the case involves a substantial question of law as to the
interpretation of the Constitution. Article 132(2) provides that where the High Court
has refused to give such a certificate, the Supreme Court may, on being satisfied that
the case involves a substantial question of law as to the interpretation of the
Constitution , grant special leave to appeal from such judgement, decree or final
order.
Article 134(1) provides that an appeal shall lie to the Supreme Court from any
judgement, final order or sentence in a criminal proceeding of a High Court if the
High Court, (a) has on appeal reversed an order of acquittal of an accused person and
sentenced him to death

1
Pritam Singh, (1950) SCR 453 :AIR 1950 SC 169