Memorandum of Appeal
IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE, …………….
Cri. Appeal No....of 20....
............................................ (Give particulars) ..........Appellant
v.
..................................................Respondent
May it Please Your Honour,
For the following among other grounds the appellant herein begs to prefer this appeal against the judgment dated......of the Judicial Magistrate .................................convicting the appellant under Section 411, I.P.C. and sentencing him to undergo 6 months' R.I. and to pay a fine of Rs. ____.
Grounds
- That the conviction is bad in law.
2. That the judgment of the lower Court is not according to Section 354 of the Cr. P.C., 1973.
3. That the learned Magistrate should have inferred from the conduct of the appellant deposed to by the Investigating Officer that he was absolutely straight-forward in his dealings and that such a conduct of the appellant as has been deposed to by ......................... would hardly be consistent with his guilty knowledge.
4. That the learned Magistrate should have believed that the articles were purchased bonafide for proper market price and inferred from that the absence of any guilty knowledge of the appellant
5. That the learned Magistrate should have taken into account the representation made to him by the alleged thief.
6. That the articles sold were common articles of every day use found in the possession of people of even modest means.
7. That the learned Magistrate should have disbelieved the evidence of ..........................................and alleged that it belonged to Shri ............................, and should have held that it was an ordinary and common article and was incapable of identification in the absence of any special mark or name.
8. That the learned Magistrate should have believed the Defence witnesses who deposed having seen articles sold to the appellant some five months prior to the incident.
9. That the lower Court ought to have given the benefit of reasonable doubt to the appellant and acquitted him.
In the circumstances stated as above, the appellant prays that your honour may be pleased to admit the appeal, call for the record, release the appellant pending disposal of the appeal on bail and after hearing the case set aside the order of conviction and sentence or pass such other order as the ends of justice may call for. And your petitioner, as in duty-bound, shall ever pray.
Date and Place. Advocate for Appellant.
Note: No separate bail-application may be filed. The copy of the judgment of the trial Court should be filed along with the petition of appeal and Vakalatnama.
Exercise, a public servant is convicted under Section 420 of the Indian Penal Code for cheating the Government by making fraudulent representations and thereby obtaining certain rationed articles in his capacity as a public servant is sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs........................... or in default to undergo further six months' rigorous imprisonment by the learned Metropolitan Magistrate,..........................Court …………. Against this conviction and sentence A instructs you to file an appeal in the High Court of ………. and also to apply for bail pending the disposal of the Appeal. Draft a Memorandum of appeal on behalf of the Appellant choosing your own grounds according to the nature of the case. IN THE HIGH COURT OF JUDICATURE AT ………………….
Criminal Appellate Jurisdiction
Appeal No.........of 20........
.............................................. (Give brief particulars) ..........Appellant
v.
State........... ...........Respondent.
Appeal against the order of conviction and sentence passed under S. 420,I.P.C. on (put date) by the learned Metropolitan Magistrate, 4th Court, …………..
To,
His Lordship, the Chief Justice and his Companion Judges of the Hon'ble Court.
The humble petition of the appellant above-named Most Respectfully Sheweth:
That the learned Metropolitan Magistrate convicted the appellant under the above-mentioned section for a period of one year and to pay a fine of Rs. 1,000 or in default to undergo further R.I. for six months.
Being aggrieved by the aforesaid order of conviction and sentence the petitioner begs to prefer this appeal to this Hon'ble Court on the following amongst other grounds:
Draft the petition on the lines of the above memorandum stating the grounds in the nature of this question. No separate application for bail is necessary. In the memorandum of appeal you can pray for the release of the accused on bail. Sanction to prosecute a public servant is necessary under Sec. 197, Cr. P.C. 1973.
IN THE HIGH COURT OF JUDICATURE AT ...
Criminal Appeal No.......of
...... ..........Appellant
v.
........ ...............Respondent.
Appeal against the conviction and sentences under Section 66(l)(b) of the ……….. Prohibition Act in Case No. 578/P of 1987 by the Learned Metropolitan Magistrate 26the Court ……...
The appellant above-named most respectfully sheweth as follows that:
(1) The Appellant, the original accused was charged under Section 66(l-b) of the ……. Prohibition Act for possessing illicit liquor at about 11-30 P.M. on the 27th July, at...........................
(2) The prosecution case in brief was that on .......................... at about ........................ the Police party while patrolling went about three furlongs inside the ...............................and at that time the Police party came across the appellant (Original Accused) having a gunny bag and hence the Police caught the appellant on suspicion and found ............................tin in the gunny bag.
(3) The Learned Metropolitan Magistrate after recording the evidence did not accept the innocence plea of the accused and has convicted and sentenced the appellant to undergo Rigorous Imprisonment for nine months and to pay a fine of Rs. ..........................or in default to suffer Rigorous Imprisonment for three months. A certified copy of the said judgment and order is annexed hereto and marked as Annexure "A".
(4) Being aggrieved by the said order and judgment of the Learned Metropolitan Magistrate, the Appellant, respectfully, approaches this Honourable Court to call for the records and set aside the said order of conviction and sentences on the following other grounds:
(a) The Learned Magistrate erred in not taking into account the basic principle of presumption of innocence in a criminal case.
(b) The Learned Magistrate's approach to the entire case was that the defence of the accused was false and, therefore, the prosecution case should be accepted. The Learned Magistrate should have on the contrary held that the prosecution has not proved the case beyond reasonable doubt irrespective of the defence set up by the Appellant (Accused).
(c) The Learned Magistrate should have held that the defence of the Appellant was reasonably probable and, therefore, the prosecution has not led any evidence to show that the defence of the Appellant could not be accepted.
(d) The Learned Magistrate should have rejected the entire prosecution case as highly improbably because no Panchanama was drawn up to prove the prosecution case.
(e) The Learned Magistrate has erred in relying only on the evidence of the constables who were the interested witnesses.
(f) The Learned Magistrate has erred in accepting the evidence of the constables in the absence of any independent witness.
(g) The Learned Magistrate should have called for and recorded the evidence of S.I. Sundar who was also in the Police Party.
(h) The Learned Magistrate should have held that in the absence of corroboration by any independent witness it is unsafe to rely on the statements of the so-called interested witnesses of the prosecution.
(i) The Learned Magistrate should have rejected the prosecution case on account of different versions given by the two constables.
(j) The Learned Magistrate should have rejected the entire prosecution case as false and fabricated because the sample was taken in a bottle without any panchanama was not brought to the Court
(k) The Learned Magistrate greatly erred in law on account of being prejudiced by the previous convictions of the Appellant
(l) The Judgment of the Learned Magistrate is against the weight of evidence and probabilities and is based on inferences which are not sustainable in this Honourable Court.
(m) In any event the sentence is extremely severe and therefore, the same should be reduced.
(5) The Appellant, submits that he has not filed any other appeal in this Honourable Court prior to this.
(6) The Appellant has been undergoing the sentence and is at present in the District Prison of Kolhapur.
(7) The Appellant also most respectfully prays that pending the hearing and final disposal of this appeal the Appellant be released on bail on the original terms and conditions by the order of this Honourable Court.
(Name of Place) dated this.................day of ……………..
Sd/- Sd/-
Advocate for Appellant. Appellant.
(This appeal against acquittal must accompany an application for leave to appeal alongwith the certified copy of the judgment and order appealed against).
