Appeal and Revision: Section 27

Section 27 provides that, subject to the provisions of the Act, the High Court may exercise so far as they may be applicable all the powers of appeal and revision conferred by the criminal procedure statute on a High Court as if the court of the special judge were a Court of Session trying cases within the local limits of the High Court. The consequence is that an appeal from a conviction under this Act lies directly to the High Court, without any intermediate forum, which follows from the special judge being treated as a sessions court.

1. The Appellate Structure

1. Appeal against conviction by the convicted person, to the High Court, on facts and on law.
2. Appeal against acquittal by the State or by the prosecuting agency, with the leave the criminal procedure statute requires where it is required, the settled approach being that an acquittal is not lightly reversed and that the view taken by the trial court, if a possible one, is not displaced merely because another view is also possible.
3. Appeal against sentence on the ground of inadequacy by the State, or of severity by the convicted person.
4. Revision. The High Court's revisional powers are available against orders that are not appealable, such as an order framing charge or refusing discharge, and are exercised on the limited grounds of jurisdiction, illegality and material irregularity rather than as a rehearing.
5. Further appeal. From the judgment of the High Court an appeal lies to the Supreme Court in the cases the criminal procedure statute and the Constitution provide, and otherwise by special leave under Article 136.

Section 22 should be read with this section: it provides that a proceeding before the special judge is not to be adjourned merely because a revision has been filed, and restricts the calling for records in revision, both directed at preventing the appellate and revisional jurisdiction being used to stall the trial.

2. Suspension of Sentence and Bail Pending Appeal

• Suspension of sentence pending appeal is governed by the ordinary provision of the criminal procedure statute, and is commonly granted where the sentence is short and the appeal will take time, since otherwise the appeal becomes infructuous.
• Bail pending appeal follows, the convicted person being released on bail or on his own bond while the appeal is heard.
• Suspension of the conviction is different, and is granted rarely. The distinction matters because the consequences of a conviction, principally disqualification from office and dismissal from service, follow from the conviction and not from the sentence.

3. The Scope of Appellate Interference

1. On the findings. The High Court in an appeal against conviction reappreciates the evidence, and in corruption cases the issues most often revisited are proof of demand, the credibility of the shadow witness, the regularity of the trap, and, in illicit enrichment cases, the computation of assets, income and expenditure.
2. On sanction. Section 19(3) prevents reversal on the ground of an error, omission or irregularity in the sanction unless a failure of justice has in fact been occasioned, and Section 19(4) directs the court to consider whether the objection was taken at an earlier stage. Where the sanction is not merely defective but invalid or absent, the trial court lacked jurisdiction and the conviction cannot stand.
3. On the presumption. The appellate court examines whether the foundational facts for Section 20 were proved before the presumption was applied, and whether the accused's explanation was assessed on the correct standard, which is the preponderance of probabilities.
4. On sentence. The minimum sentences prescribed by the Act limit the room for reduction, and the direction in Section 16 as to fine remains relevant.

4. Related Topics and Provisions