Format of Criminal Appeal to be filed in High Court under Section

374(2) of Criminal Procedure Code against Judgment of Trial Court.

IN THE HIGH COURT OF _______________ AT _______________
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________

_______________________

_______________________ Appellant

VERSUS

State of ____________________

_______________________

_______________________ Respondent

SYNOPSIS

By way of the present appeal under Section 374 of the Code of Criminal Procedure, the
appellants are approaching this Hon'ble Court for setting aside the final judgment of
conviction dated _______ and order on sentence dated
______________ passed by the court of ______________ _________, in the Case
No. _____ pertaining to FIR No. _____, PS. _____, U/s. ___ IPC whereby the appellant
was held guilty for the offence punishable under Section ____ IPC and he was
sentenced to __years rigorous imprisonment with fine of Rs. ____/- and in default of
payment, to further undergo _ months simple imprisonment. Benefit of Section 428 of
Cr.P.C. was given to the appellant.

(Mention brief summary of the case and error in the Judgment of the Trial Court)

________________ ________________ _______________ _________ ___

The dates and events of the present case are as under:

__/__/20__ FIR No ____ was Registered

__/__/20__ The Appellant was arrested

__/__/20__ Charge sheet was filed under section ___ of IPC before the Ld _____ Judge.

__/__/20__ Charges were framed under section __ of IPC against the appellant to
which he pleaded not guilty and claimed trial.

__/__/20__ After examining _ prosecution witnesses in support of the charges PE was

closed.
__/__/20__ Statement of accused under section 313 of CrPC was recorded.

__/__/20__ The Judgment of conviction was passed by the Ld.____ Court in case
No____ whereby the appellant was held guilty and convicted for the offence punishable
under section ___.

__/__/20__ Order of Sentence was passed by the court of Ld____ Judge whereby the
appellant was sentenced to __ years of rigorous imprisonment and fine of Rs. ____,
and in default, to undergo __ months imprisonment. Benefit of 428 of Cr. P.C. was
given to the appellant.

__/__/20__ Hence the Present appeal for setting aside the final Judgment of Conviction
dated _____ and order on sentence dated _____ passed by the court of Ld. _______
Judge in Case No. ____.

IN THE HIGH COURT OF _______________ AT _______________

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________

_______________________

_______________________ Appellant

VERSUS

State of ____________________

_______________________

_______________________ Respondent

APPEAL UNDER SECTION 374(2) OF CODE OF CRIMINAL PROCEDURE, 1973

ON BEHALF OF THE APPELLANT HELD IN JUDICIAL CUSTODY SINCE ____
AGAINST THE JUDGMENT OF CONVICTION DATED _____ AND ORDER ON
SENTENCE DATED ____ PASSED BY THE TRIAL COURT OF
______________________ IN CASE NO. __________ PERTAINING TO FIR
NO. _____/20__, U/S. ____ IPC, DATED_____ REGISTERED AT PS.
______________.

TO,
THE HON'BLE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF THE
HON'BLE DELHI HIGH COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHEWETH:

1. The Appellants is young men at his age of ____ years who was working in a factory
as ________ at ____________, and have been residing in ___________ for last
several years and are peace loving and law abiding citizens, having no previous criminal
antecedents. The appellant is in judicial custody since his arrest in this case on
_________.

2. That the appellant above named is preferring the present appeal against the final
judgment of conviction and order on sentence dated ___________ & ___________
passed by the court of ___________ ___________, in the Sessions Case No.
___________ pertaining to FIR No. ___________, PS. ___________, U/s.
___________ IPC whereby the appellant was held guilty for the offence punishable
under Section ___________ IPC and he was sentenced to __ years rigorous
imprisonment with fine of Rs. _____/- and in default of payment , to further undergo
__ months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the
appellants. The certified copy of judgment and sentence dated ___________ &
___________ are annexed herewith as ANNEXURE-1 (COLLY).

3. That the brief facts emerging from the record of the prosecution and leading to the
filing of the instant appeal are as under :-

(i) That FIR No. ___________ under Section __ IPC was registered at Police Station
___________, when an information was received at Police Station ___________ on
___________ that a man is lying in ___________ having injuries caused with knife.
Police reached the spot and found a male dead body. The deceased could not be
identified. The dead body was removed to the mortuary. Poster was got prepared. On
the basis of that poster one ___________ identified the deceased as his son
___________. The Certified Copy of FIR No. ___________ under Section ____ IPC
registered at PS ___________ along with its English Translation is annexed herewith
as ANNEXURE-2.

(ii) During investigation one ___________ was interrogated who told that on the
intervening night on ___________ he along with the deceased ___________ one
factory where the labourers woke up. He and ___________started fleeing but
___________ was apprehended and was beaten by those persons. At the instance of
___________ appellant was arrested on ___________ by the police. And the
appellants allegedly got the ___________ recovered with which the deceased was
beaten.

(iii) On ___________ all the appellant was arrested at ______________________

___________ in the morning by the police officials of PS. ___________.

(iv) On ___________ the charge sheet was filed under Section ___________IPC
against the appellants before the Ld. MM, concerned at ___________ ___________and
on ___________ the case was committed to the Court of Sessions after compliance of
the provisions of Section 207/208 of Cr.P.C and the same was registered as Sessions
Case No ___________ in the Court of ___________ ___________. The Certified copy
of the charge sheet along with its English Translation is annexed herewith
as ANNEXURE-3.

(v) On ___________ the Charges were framed under Section ___________ IPC against
the appellants by the Hon'ble Trial Court to which they pleaded not guilty and claimed
trial and it was stated in the charge that no offence under Section ___________ IPC is
made out against accused persons. The certified copy of Order on framing of Charge
dated ___________ is annexed herewith as ANNEXURE-4.
(vi) That on ___________ after examining 25 prosecution witnesses, PE was closed.
The certified copy of the all Prosecution Evidence is annexed herewith as ANNEXURE-
5.

(vii) To bring home the guilty of the appellants, the prosecution examined as many as
__ witnesses in support of the charges. Thereafter on ___________ entire incriminating
material on record was put to the appellant, and his statement under Section - 313 of
Cr.P.C. was recorded , in which they specifically denied the charge.

The appellant examined no witnesses in his defence. The certified copy of Statement
Under Section - 313 of Cr.P.C. is annexed herewith as ANNEXURE-6.

(viii) On ___________ the Judgment of conviction was passed by the Court of Sh.
___________, in the Sessions Case No. ___________ whereby the appellants were
held guilty and convicted for the offence punishable U/s ___________ IPC .

(ix) On ___________ the Order on Sentence was passed by the Court of Sh.
___________ Courts ___________ whereby the appellant was to _ years rigorous
imprisonment with fine of Rs. ___________/- and in default, to undergo __ months
simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellant.

4. That being aggrieved of the said conviction and sentence contained in the impugned
judgment and order, the appellant herein prefers the present appeal following amongst
other grounds:

GROUNDS FOR THIS APPEAL

A. That the impugned judgment passed by the Ld. Trial Court is bad in law and facts of
the case, hence it not sustainable in the eyes of the law.

B. That judgment passed by the Ld. Trial Court is based on conjectures and surmises
and is not supported from the facts and circumstances of case.

C. That the prosecution has failed to prove its case beyond reasonable doubts as such
the Ld. Trial Court should have given the benefit of doubts to the appellant and should
have acquitted them.

D. The witness ___________ , PW__ is the only person on whose testimony the
appellant has been convicted who has deposed in his examination in chief before the
court

_____________________ ______________________ ____________

E. _____________________ ______________________ ____________

F. _____________________ ______________________ ____________

G. That the Ld. Trial Court has failed to consider that prosecution has failed to prove
its case beyond all reasonable doubts.

5. That the petitioner has filed no other similar petition in either the Hon'ble Supreme
of India or this Hon'ble court for similar relief.
6. That the present appeal is maintainable because appellants who are the innocent
and poor _________ working in a factory have been convicted by the Trial Court on
suspicion and on the testimony of a person who is a drug addict and whose whereabouts
is not known to the police and who has a long antecedents of criminal involvement
accepted by himself. The circumstances in this case do not form chain of events strong
enough to bring home the guilt of appellants so the appeal is maintainable to prove the
appellant innocent appraising the evidence in correct perspective.

7. That the appellant craves leave to add , delete, modify or alter any of the aforesaid
grounds of appeal.

PRAYERS

In view of the aforesaid facts and circumstance of this case, it is most respectfully
prayed that the Hon'ble court may be pleased:

1. To set aside the judgment of conviction and order on sentence dated

______________ & ___________ passed by the Court Of Sh. _______________Delhi
in the Case No.__________ pertaining to FIR ______________ under Section ___,
P.S. Bawana and consequently to acquit the appellants;

2. To call for the record of Trial Court;

3. To pass any other or further order (s) as this court may deem fit and proper in favour
of appellant, in the interest of justice.

APPELLANT

THROUGH

____________ADVOCATE

Place:

Date:

IN THE HIGH COURT OF _______________ AT _______________

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________ Appellant

VERSUS

State of ____________________ Respondent

 AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o.

____________ ______________ _____, do hereby solemnly affirm and declare as
under:-

1. That I am the _____ and a __________ of the convict ___________ in the present
appeal and as such I am well conversant with the facts and circumstances of the present
matter and am competent to swear this affidavit.

2. That the accompanying Criminal Appeal U/s. 374 of Cr.P.C. against the conviction
and sentence has been drafted by my counsel under my instructions

3. The contents of the Memorandum of Appeal and this affidavit have been read over
and explained to me in vernacular and the same are true and correct. That the contents
of the same may be treated as part and parcel of this affidavit as the same are not
being repeated herein for the sake of brevity.

4. That I have not moved any other similar petition before this Hon'ble Court or any
other High Court or the Hon'ble Supreme Court of India.

5. I declare that what is contained in paragraphs _ to _ and Grounds from paragraphs

A to __ of the Appeal are true and correct to my knowledge and nothing material
pertaining to this case has been concealed from this Hon'ble Court.

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of the above
affidavit are true and correct to the best of my knowledge and belief and nothing
material has been concealed therefrom.

DEPONENT