386Powers of the Appellate Court
After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may---
(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction---
(i) 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, or
(ii) alter the finding, maintaining the sentence, or
(iii) 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 same---
(c) in an appeal for enhancement of sentence---
(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or
(ii) alter the finding maintaining the sentence, or
(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same;
(d) in an appeal from any other order, alter or reverse such order;
(e) make any amendment or any consequential or incidental order that may be just or proper:
Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:
Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.
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- 372 No appeal to lie unless otherwise provided
- 373 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 374 Appeals from convictions
- 375 No appeal in certain cases when accused pleads guilty
- 376 No appeal in petty cases
- 377 Appeal by the State Government against sentence
- 378 Appeal in case of acquittal
- 379 Appeal against conviction by High Court in certain cases
- 380 Special right of appeal in certain cases
- 381 Appeal to Court of Session how heard
- 382 Petition of appeal
- 383 Procedure when appellant in jail
- 384 Summary dismissal of appeal
- 385 Procedure for hearing appeals not dismissed summarily
- 386 Powers of the Appellate Court
- 387 Judgments of Subordinate Appellate Court
- 388 Order of High Court on appeal to be certified to lower Court
- 389 Suspension of sentence pending the appeal; release of appellant on bail
- 390 Arrest of accused in appeal from acquittal
- 391 Appellate Court may take further evidence or direct it to be taken
- 392 Procedure where Judges of Court of Appeal are equally divided
- 393 Finality of judgments and orders on appeal
- 394 Abatement of appeals