Code of Criminal Procedure, 1898 — Section 408: Appeal from sentence of Assistant Sessions Judge or 1[Judicial Magistrate]

408. Appeal from sentence of Assistant Sessions Judge or 1[Judicial Magistrate]. Any person convicted on a trial held by an Assistant Sessions Judge, 1[or a Judicial Magistrate] 2[, Special Magistrate], or any person sentenced under section 349 3[* * *], may appeal to the Court of Session : Provided as follows : 4

(a)[* * * * * * *]

(b)When in any case an Assistant Sessions Judge 3[* * *] passes any sentence of imprisonment for a term exceeding four years, 5[* * *] the appeal 6[of all or any of the accused convicted at such trial] shall lie to the High Court ;

(c)when any person is convicted by a Magistrate of an offence under section 124A of the Pakistan Penal Code (XLV of 1860), the appeal shall lie to the High Court. 1 [409. Appeals to Court of Session how heard.__ Subject to the provisions of this section, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge or an Assistant Sessions Judge : Provided that an Additional Sessions Judge shall hear only such appeals as the Provincial Government may, by general or special order, direct or as the Sessions Judge of the division may make over to him: Provided further that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is of a person convicted on a trial held by any Magistrate of the second class or third class.]