Code of Criminal Procedure, 1898 — Section 410: Appeal from sentence of Court of Session

410. Appeal from sentence of Court of Session. Any person convicted on a trial held by a Sessions Judge, or an Additional Sessions Judge, may appeal to the High Court. 411. [Appeal from sentence of Presidency Magistrate.] Omitted by A.O., 1949, Sch.

(a)against the conviction on any ground of appeal which involves a matter of law only ;

(b)with the leave of the Appellate Court, or upon the certificate of the judge who tried case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of fact only, or a matter of mixed law and fact, or any other ground which appears to the appellate Court to be a sufficient ground of appeal ; and

(c)with the leave of the Appellate Court, against the sentence passed unless the sentence is one fixed by law.

(2)Notwithstanding anything contained in section 417, the Provincial Government may direct the public prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in the exercise of its original criminal jurisdiction, and such appeal may, notwithstanding anything contained in section 418, or section 423, sub-section (2), or in the Letters Patent of any High Court, but subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section on an appeal against a conviction, lie on a matter of fact as well as a matter of law.

(3)Notwithstanding anything elsewhere contained in any Act or Regulation, an appeal under this section shall be heard by a Division Court of the High Court composed of not less than two judges, being judges other than the judge or judges by whom the original trial was held ; and if the constitution of such a Division Court is impracticable, the High Court shall report the circumstances to the Provincial Government which shall take action with a view to the transfer of the appeal under section 527 to another High Court.

(4)Subject to such rules as may from time to time be made by 1[the 2[Supreme Court]] in this behalf, and to such conditions as the High Court may establish or require, an appeal shall lie to Explanation.__ There is no appeal from a sentence of imprisonment passed by such Court or Magistrate in default of payment of fine when no substantive sentence of imprisonment has also been passed.