Description

"After reviewing the record and hearing the appellant or their pleader (if they appear), the Public Prosecutor (if they appear), and, in the case of an appeal under sections 377 or 378, the accused (if they appear), the Appellate Court may, if it finds no sufficient grounds for interference, dismiss the appeal. Alternatively, the Court may:

• In an appeal from an order of acquittal:

  1. Reverse the order of acquittal and direct further inquiry, re-trial, or commitment for trial, or
  2. Find the accused guilty and pass a lawful sentence.

• In an appeal from a conviction:

  1. Reverse the finding and sentence, acquit or discharge the accused, or order a re-trial by a Court of competent jurisdiction or commitment for trial, or
  2. Alter the finding while maintaining the sentence, or
  3. With or without altering the finding, modify the nature or extent (or both) of the sentence, but not in a manner that would enhance it.

• In an appeal for enhancement of sentence:

  1. Reverse the finding and sentence and acquit or discharge the accused, or order a re-trial by a competent Court, or
  2. Alter the finding while maintaining the sentence, or
  3. With or without altering the finding, modify the nature or extent (or both) of the sentence, whether to enhance or reduce it.

• In an appeal from any other order:

  1. Alter or reverse the order, or
  2. Make any amendment or consequential order that is just or proper.

Provided that the sentence shall not be enhanced unless the accused has been given an opportunity to show cause against such enhancement.

Further, the Appellate Court shall not impose a greater punishment for the offence the accused is found guilty of than what could have been imposed by the original Court."