Essentials requirements for a Criminal Appeal

what is the essential criteria for appeal in a criminal case? are there any specific requirements with special reference to rape cases.

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Against the Order passed by the Sessions Court, convicting an Accused for the offence of rape u/s 376 of the IPC, an Accused can file an Conviction Appeal before the High Court u/s 374 of the Criminal Procedure Code. The Appeal has to be filed within limitation of 90 days from the date of conviction. You can seek suspension of setnence u/s 389 of the Code, pending such Appeal.  An Appeal is rehearing of the entire case on merits, wherein the High Court can set aside convicition, modify conviction, remand for retrial, or uphold the conviction.


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Vivek N Mapara

Answered on September 15, 2016.
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