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Appeal u/s 374 CrPC, challenging the Conviction

A broad approach to drafting of any Application / Petition / Complaint may be undertaken in three chronological “Heads” –
1.      Reliefs prayed for / claimed;
2.      Grounds for Reliefs prayed for / claimed; (both factual and legal);
3.      Narration of facts substantiating the said grounds.
Further, there may be narration of such facts in the   beginning of the draft, which would lay foundation for “material facts of the case”.
Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed for / claimed.

Framing of Appeal challenging the Conviction u/s 374 CrPC, 1973

Short title


Index


Proforma (Roznama)


Main points to be urged:
The grounds for the Reliefs prayed may be set out as points to be urged.



Heading – 
Name and place of the court [S.374(1)(2)(3) as may be applicable to the case]
Case no.

Full Cause title –
Full Name, Age, Adult, Religion followed, Indian Inhabitant, place of residence of the Appellant.

The main grounds of Appeal (for example):
(a)  The trial Court failed to consider the credible evidence of the Appellant;
(b)  The trial Court have relied upon the irrelevant / inadmissible evidence of the prosecution;
(c)  The trial Court have incorrectly records the finding that ____
(d)   

a.      Drawing main points to be emphasized upon:

b.      Limitation: . That the Appeal is preferred within the limitation period of ____ days. If the Appeal is filed beyond limitation period, then, a statement showing the grounds on which the exemption from the law of limitation is claimed. 

c.      A Para narrating facts that this court has jurisdiction to entertain the present Complaint.

Reliefs Prayed (S.386):

a.       Be pleased to reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial;

b.      Be pleased to reverse the finding an order the Accused to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial;

c.       Be pleased to alter the finding, maintaining the sentence;

d.      Be pleased to, with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the sentence;

e.       Be pleased to take the additional evidence itself, or direct it to be taken by a Magistrate / Court of Session, as the case may be. (S.391)

f.       Be pleased to make any amendment or any consequential or incidental order that may be just or proper:



The Appellant and the Advocate of the Appellant (If there is any) shall Sign at the end of the Appeal, i.e. after Prayer Clause.

Vakalatnama


Exhibits / documents annexed in the Complaint
[S.382 – copy of impugned Judgment / Order]

Docket

Steps after Institution of complaints

Hearing of the Appeal (S.384, 385)

Wherein it is alleged by the Appellant Accused that Complainant has in any way made false statements / false declarations; or has filed false Affidavit or has filed a forged document; or wherein it is alleged by the Complainant that Accused has made a false statements / false declarations in his deposition or has filed a forged document, Please refer following links:






Find updated draft at / and any other Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.


Thank you.




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