CRIMINAL APPEAL

CRIMINAL APPEAL

IN THE HON?BLE HIGH COURT OF DELHI AT NEW DELHI

(CRIMINAL APPELLATE JURISDICTION)

Criminal Appeal No......................... 72002

In the Matter of: -Shri.........................

S/o..................................... Appellant

Through Parokar..................

if appeal is filed through relatives/friend

S/o........................................

r/o........................................

Versus

The State of NCT, Delhi........................... Respondent

Criminal Appeal Against the order dated and passed by ASJ, Delhi convicting the appellant u/s 392/397/34 of IPC and sentencing to undergo RI for a period of 7 years.

Most respectfully showeth: -

That the humble appellant was tried by Ld. Additional Session Judge, Delhi for the offence u/s 392/397/34 IPC and on conviction, sentenced to undergo RI seven years, vide order dated 24-12-2001:

2. That the brief fact of prosecution leading to the trial before the Ld. ASJ is that on 7-9-2000,..............................., a mistry by profession, came after finishing his work in....................... at about 9. 30 pm by his bicycle. On the way his bicycle was punctured as such he was pulling his bicycle to his residence and was passing by the side of a park near and over-head water tank near wazirpur red-light crossing. In the meantime all the three accused came cut of that park by scatting over the grill and all came in front of bicycle of the complainant. The accused............................ caught hold of the bicycle from the front side while co-accused....................... took out knife and wielded on the complainant and asked him to hand over whatever money he had with him and also threatened to stab at him, if he did not do so, one of them removed one diary and one currency note of Rs. 50/- from the pocket of

his shirt. Meanwhile two scooterists who were passing stopped along with others and they caught hold of the said three accused persons. Accused...................... fell down, while attempting to run away fell down and in the process of climbing the wall of the park and sustained injuries on his head. Public assembled and gave beatings. PCR came, Local police arrived and accused were handed over to local police and tried after committed to session court.

3. That prosecution examined 7 witnesses including PW-3.................. the complainant. No public witness, inspite of clear report/statement that accused were stopped (a) by two scooterist and their pillar rider (b) collected lots of public who handed over the accused persons to the police at Red Light crossing, was examined to bring the correctness of the crime brought before court but convicted and sentenced to 7 years RI.

4. That being aggrieved by the conviction, the appellant wish to submit the following grounds:

GROUNDS: -

(A) That there was no such offence taken place at all, even if it is so, it was only & "pick pocketing" in terms of PCR report as referred in para 9 of the judgment - no robbery or dacoity as charged by the court had ever taken place.

(B) That knife as alleged was planted later to make the case u/s 397 IPC for the public nor the two scooterist never spoke about the knife, nor they were produced as witness, hence the case is cooked up, more so three persons known to the victim (PW-3................ ) will not attack for a mere Rs. 50/- unless they knew that the victim is in possession of a big amount nor they did not even tried to snatch the cycle. Case is concocted to which police got benefit and PW-3.

(C) That PW-3 (star witness as claimed by prosecution) states that his
hand was held by Raju accused and point knife at his throat and
tool-out money. On the other hand local police states (PW-7............... in para 10 of judgment) accused..................... was found possession
of a folding knife in his right pocket of his wearing. There is contradiction. The PW-3 states in his statement before court
that he was pulling cycle as his cycle was punctured, when mentioned about this neither in his Asal Tehrir improvement in his version,
besides he states back as 9/9-30 pm. before court timing is 10.
15 pm. How could accused Raju take out money and

knife from his pocket when PW-3 was held by the both hands of accused Raju.

In his cross-examination, he did not remember anything-who took out money and diary-but agreed to have sealed diary and Rs. 60-note (XX by App. ) Only a fabricated case against innocent person could come to such contradictory conclusion.

(D) That interestingly PCR official never spoke about open knife nor folding knife which the accused were handed over to PCR official by public nor PCR official spoke about open and folding knife while handing over to Local police. It is certain if the accused were beaten by public including the two scooterists and their pillion rider, they must have handed over open knife alleged to have been placed at the throat of victim (PW-3) to police official of PCR or to local police. It is not done so, because there was no such knife nor such incident took place, it proves the case is concocted one, otherwise question of open knife or folding knife would have come to light.

(E) That as per complainant, PW-3, it was two scooterists and their pillon rider who rescued him, besides police agreed presence of these two scooterists and large number of public at red-light crossing, still the prosecution did not brought to support truthfulness of prosecution version, then how could Ld. ADJ believe the version and how could court can come to conclusion to the correctness of the crime. It was absolutely one sided and wrong decision for no public witness was brought forwarded for deposition of correctness of the crime. Even not a single word either spoken or referred questioning police as to why police did not have them as witness since they (scooterists) were the first person to rescue the victim.

(F) That police personnel having arrived later to the spot after civilian and scooterists took control over the accused are duty bound to supply the names of those persons who took control over the three accused. Prosecution/police did not do so, hence there is doubt if at all such things/incident were happened or not? The incident took place between 9 to 9. 30 PM and police arrived after 10. 30 PM. It is unlikely that the gathered public/crowd would have stayed for one hour or the scooterists would have stayed for an hour so that they could hand over the culprit. Prosecution story seems to be fraud and not possible. Conviction based on such irrelevant considerations need to be set aside for no

such incident took place for no public would wait for an hour to hand over the culprit to police, if so why police did not took their names and produced as witnesses before court.

(G) That story states that accused attempting to run away not possible for accused was surrounded by public, including two scooterists and beaten by public. Under the circumstances, it is unlikely his attempt to run away from the spot. It is agreed by prosecution that accused along with other co-accused were captured by public and handed over to the police (PCR), hence injury was not due to the process of attempting to run away as alleged. He was dashed by possibly against hard object like well or beaten by blunt object on head (over right side skull). Such injury could be caused by such treatment and not by fall. Rather 3rd degree method to accept the use was employed against. (Forceful confession).

(H) That there is different version between PW-3 in his Asal Tehrir, FIR and that of statement before court. There is different version between police officials and PW-3 about knifes. That the question cycle "pulling" is something strange for a punctured cycle could only be pushed forward and can not be pulled. A person can only pull a thing towards himself in the sense if he was pulling the cycle, question of coming forward and standing of accused person before him is impossible. On pulling cannot a person moved backward. Hence attacking while going toward home (moving forwards) not plausible. There is material contradiction and it is serious as the versions cuts each other. PCR who first caught accused never speaks about knife nor those scooterists or public assembled there, while local police speaks about recovery of folding knife in accused pocket, complainant (PW-3) states that knife was pointed at his throat, itself a big contradiction and it seem knife was planted to make robbery for an offence Under Section 397 IPC. Appellant entitled to be acquitted in view of 1998 (1) JCC 108, Rahees Ahmad where material contradiction is too material as in this case.

PRAYER

It is most humbly prayed that this Hon?ble court may to admit be pleased the appeal and call for record for the perusal and of hearing the counsel for the appellant and to set-aside the conviction and sentence passed against the appellant and he be acquitted.

To pass any other order which this Hon?ble court deem fit and proper in the circumstances and in the interest of justice.

It is further prayed that pending final disposal of present appeal, this Hon?ble court please to release the appellant on bail and suspend the sentence passed against the appellant. For which act of kindness the humble appellant shall ever remain thankful to this Hon?ble court.

New Delhi

Appellant

Dated:

Through Advocate

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About this agreement

Title: Criminal Appeal Format

Facing an unjust trial court decision? Secure justice with our professional Criminal Appeal Format tailored for Indian courts. This ready-to-use, customizable template in PDF and Word formats simplifies drafting appeals under the Code of Criminal Procedure (CrPC), helping you challenge convictions effectively and professionally.

What is a Criminal Appeal?

A Criminal Appeal Format is a structured legal document used to request a higher court—such as the Sessions Court, High Court, or Supreme Court—to review and potentially overturn a trial court's judgment in a criminal matter. Governed by Sections 374 to 394 of the CrPC, criminal appeals address errors in fact-finding, law application, sentencing, or procedural irregularities. Whether it's a conviction for theft, assault, fraud, or more serious offenses like murder, this Criminal Appeal Sample provides a reliable framework to present your case compellingly.

In India, timely filing (typically 30 days for High Court appeals, 60-90 days for others) is mandatory, and using a standardized Criminal Appeal Format ensures all court-mandated requirements are met, from memorandums to supporting affidavits.

Why is a Criminal Appeal Format Important?

The stakes in criminal cases are high—a conviction can lead to imprisonment, fines, or lifelong stigma. A poorly drafted appeal risks dismissal on technical grounds, forfeiting your right to justice. Our Criminal Appeal Format is crucial because:

It highlights procedural lapses, evidential weaknesses, or judicial errors missed in the trial.
Complies with strict appellate rules under CrPC and court-specific formats.
Boosts success rates by including persuasive arguments backed by precedents.
Saves time for appellants and lawyers amid tight deadlines.

Professionals recommend using a vetted legal template like this to avoid common pitfalls, making it indispensable for anyone seeking redress in India's hierarchical judicial system.

Key Elements of a Criminal Appeal Format

Our comprehensive Criminal Appeal Sample incorporates all essential sections for a robust petition:

Court and Case Details: Appellate forum, original case number, dates of judgment.
Index of Documents: List of annexures like trial records, judgments.
Synopsis and List of Dates: Chronology of events leading to appeal.
Parties: Full details of appellant (you) and respondent (state/prosecution).
Statement of Facts: Concise trial summary without arguments.
Grounds of Appeal: Numbered points citing specific errors (e.g., 'The trial court erred in admitting hearsay evidence').
Arguments: Detailed submissions with citations from IPC, CrPC, and landmark judgments like those from Supreme Court.
Prayer Clause: Specific reliefs sought—acquittal, bail, sentence reduction.
Verification: Signed affidavit by appellant verifying contents.
Vakalatnama: Power of attorney for your advocate.

This ready-to-use Criminal Appeal Format is fully editable, ensuring quick adaptation to your unique circumstances.

Who Should Use This Criminal Appeal Template?

Convicted Individuals: Anyone dissatisfied with trial outcomes in criminal cases.
Defense Lawyers: For efficient drafting in high-volume practices.
Legal Clinics/NGOs: Assisting underprivileged litigants.

Common use cases include appeals against convictions under IPC Sections for offenses like cheating (420), dowry harassment (498A), or NDPS Act violations. Ideal for pan-India courts.

Download Your Customizable Criminal Appeal Format Now

Don't delay justice! Get instant access to our premium Criminal Appeal Format in PDF/Word for a nominal fee. Lawyer-reviewed, free download preview available. Customize, print, and file today—transform your appeal into a winning document.

Final Note on Legal Templates

This Criminal Appeal Sample is a valuable starting point, compliant with Indian legal standards, but not a substitute for professional advice. Always consult a qualified advocate to tailor it to your case specifics and ensure filing compliance. For more legal templates, explore our collection: affidavit formats, bail applications, and more. Keywords: criminal appeal format India, CrPC appeal sample PDF, free criminal appeal download Word, ready-to-use appeal template.

Important Guidelines

A "Criminal Appeal" is a legal document used when a party wishes to challenge a lower court's judgment or decision in a criminal case. It is filed in a higher court, seeking a review of the earlier verdict. Here's a brief guideline for drafting a criminal appeal and

Common Mistakes to Avoid:

Heading: Begin with the name of the higher court, case details, and parties' names.

Introduction: Clearly state the purpose of the appeal, which is to challenge the lower court's judgment.

Grounds of Appeal: Outline the legal and factual reasons for the appeal, such as errors in law, procedure, or evidence.

Prayer for Relief: Specify the relief sought, whether it's an acquittal, reduction in sentence, or a new trial.

Supporting Documents: Attach relevant documents, such as the lower court's judgment, transcripts, and exhibits, to support your appeal.

Common Mistakes to Avoid:

Inaccurate Citations: Ensure that you correctly cite the lower court's judgment and relevant legal provisions.

Incomplete Record: Make sure you include the necessary documents, as an incomplete record can hinder the appeal process.

Failure to Follow Court Rules: Adhere to the specific rules and procedures of the higher court when drafting and filing the appeal.

Lack of Clarity: Maintain clear and concise language throughout the appeal to prevent misinterpretation.

Missed Deadlines: File your appeal within the specified timeframe, as missing deadlines can result in dismissal.

A well-drafted Criminal Appeal is crucial for seeking a review of a lower court's judgment. Avoiding common mistakes ensures the appeal's legal validity and increases its chances of success.

Supporting Documents

For filing this Criminal Appeal in the Delhi High Court against a conviction by the ASJ, certified copies of the lower court record and supporting affidavits or authorisations are typically needed at the time of filing.

Certified copy of impugned judgment/order
The ASJ order dated 24-12-2001 convicting the appellant under Sections 392/397/34 IPC is required to establish the basis of the appeal.
When: at filing
Certified copies of FIR, charge-sheet and deposition transcripts
These form part of the lower court record and are needed to support the grounds of appeal and contradictions highlighted.
When: at filing
Vakalatnama / Power of attorney
Authorisation for the advocate filing the appeal on behalf of the appellant.
When: before signing
Affidavit of the appellant
Supporting affidavit verifying the facts stated in the appeal and the prayer for bail/suspension of sentence.
When: at filing
Authorisation from appellant if filed through parokar/relative
Written authority or NOC from the appellant authorising a friend or relative to file the appeal.
When: before signing
Prison custody certificate or jail record
Proof of the appellant’s custody status, required when seeking interim bail or suspension of sentence.
When: at filing if applicable
Application for suspension of sentence / bail
Separate application or prayer supported by documents for release pending disposal of the appeal.
When: at filing

Frequently asked questions

What is a Criminal Appeal in India?→

A Criminal Appeal is a legal document used to challenge a lower court's decision in a criminal case, filed under CrPC Sections 372-394 in High Courts or Supreme Court in India.

Is this Criminal Appeal template legally valid in Indian courts?→

Yes, this customizable template follows standard Indian legal formats for criminal appeals. Always get it reviewed by a lawyer for your specific case compliance.

Do I need to pay stamp duty or court fees for filing a Criminal Appeal?→

No stamp duty is required, but court fees as per the Court Fees Act, 1870 (amended) must be paid based on the court and appeal value. Check state rules.

In what format can I download the Criminal Appeal document?→

Download the Criminal Appeal in editable Word or print-ready PDF format, suitable for Indian courts.

Can I customize and edit the Criminal Appeal agreement?→

Yes, the Word version is fully customizable. Edit details like case number, grounds of appeal, and parties for your legal needs in India.

Who should use the Criminal Appeal template and when?→

Accused persons, complainants, or state prosecutors can use it within 30-90 days of the lower court judgment if aggrieved by the decision.

CRIMINAL APPEAL

CRIMINAL APPEAL

IN THE HON?BLE HIGH COURT OF DELHI AT NEW DELHI

(CRIMINAL APPELLATE JURISDICTION)

Criminal Appeal No......................... 72002

In the Matter of: -Shri.........................

S/o..................................... Appellant

Through Parokar..................

if appeal is filed through relatives/friend

S/o........................................

r/o........................................

Versus

The State of NCT, Delhi........................... Respondent

Criminal Appeal Against the order dated and passed by ASJ, Delhi convicting the appellant u/s 392/397/34 of IPC and sentencing to undergo RI for a period of 7 years.

Most respectfully showeth: -

That the humble appellant was tried by Ld. Additional Session Judge, Delhi for the offence u/s 392/397/34 IPC and on conviction, sentenced to undergo RI seven years, vide order dated 24-12-2001:

4. That being aggrieved by the conviction, the appellant wish to submit the following grounds:

GROUNDS: -

knife from his pocket when PW-3 was held by the both hands of accused Raju.

such incident took place for no public would wait for an hour to hand over the culprit to police, if so why police did not took their names and produced as witnesses before court.

PRAYER

To pass any other order which this Hon?ble court deem fit and proper in the circumstances and in the interest of justice.

New Delhi

Appellant

Dated:

Through Advocate

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CRIMINAL APPEAL

About this agreement

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