Section 386 of the Code of Criminal Procedure provides that, after perusing the records and hearing the appellant or his Pleader and the Public Prosecutor, the Appellate Court may dismiss the appeal, if it considers that there is no sufficient ground for interfering.
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However, it may also pass any of the following five orders:
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(i) In an appeal from an order of acquittal, —it may reverse the 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 a sentence on him according to law.
(ii) It may, in an appeal from a conviction, —
(a) 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
(b) Alter the finding, whilst maintaining the sentence; or
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(c) With or without altering the finding, alter the nature or the extent, or both, of the sentence, but not so as to enhance the same.
(iii) In an appeal for enhancement of the sentence, it may,—
(a) Reverse the finding and sentence, and acquit or discharge the accused or order him to be retried by a competent Court; or
(b) Alter the finding, whilst maintaining the sentence; or
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(c) With or without altering the finding, alter the nature or the extent, or both, of the sentence, so as to enchance or reduce the same.
(iv) It may, in an appeal from any other order, —alter or reverse such order.
(v) It may make any amendment or any consequential or incidental order that may be just and proper.
However, it may be noted that a sentence cannot be enchanced, unless the accused is given an opportunity of showing cause against such enchancement. Moreover, an Appellate Court cannot inflict greater punishment for the offence which in its opinion the accused has committed, than the one which might have been inflicted on him for that offence by the Court passing the sentence which is under appeal.
The Privy Council has observed that in an appeal from an acquittal, the Court must keep in mind the following four matters:
(i) The views of the Trial Judge as to the credibility of the witnesses;
(ii) The presumption of innocence in favour of the accused, which presumption is, in no way, weakened by the fact that he has been acquitted at the trial;
(iii) The right of the accused to the benefit of any doubt; and
(iv) Hesitancy of an Appellate Court in disturbing a finding of fact arrived at by a Judge who had the advantage of seeing the witnesses. (Sheo Swarup, — A.I.R. 1934 P.C. 227)
It is interesting to note that there is no provision in the Criminal Procedure Code for withdrawal of an appeal which has once been admitted for hearing. Therefore, it is neither in the power of the Court, nor even of the appellant, to allow the appeal to be withdrawn. (Chhitar,—1956 Raj. 545)