Appeal revision

1. Suppose, Rahat was convicted with imprisonment for ten years and fine of
ten thousand taka for the offence of culpable homicide. Rahat is highly
dissatisfied with this judgment and wants to adopt appropriate next legal
step seeking proper remedy against such conviction and sentence awarded
by the court of Additional Session Judge of Natore.
Advise him as a lawyer as to the next appropriate legal procedure and
possible remedies against such conviction and sentence. Discuss the
powers of the court of the next step in disposal of this case.

Answer:
In the given scenario, Rahat has been convicted and sentenced to ten years'
imprisonment and fined Tk. 10,000 for the offence of culpable homicide by the
Additional Sessions Judge of Natore. As his legal counsel, I would advise that the
appropriate legal remedy available to him is to file an appeal to the High Court
Division under the provisions of the Code of Criminal Procedure (CrPC).

1. Right to Appeal and Legal Basis

According to Section 410 of the CrPC, “any person convicted on a trial held by a
Sessions Judge or an Additional Sessions Judge may appeal to the High Court
Division.” Since Rahat was convicted by an Additional Sessions Judge, his right to
appeal to the High Court Division is clearly established.
Importantly, the right of appeal is a statutory right, not an inherent one.
Therefore, Rahat must act within the procedural framework provided by law.

2. Limitation on Appeal Does Not Apply

There is no bar to Rahat’s appeal under Section 412 CrPC, which limits appeal in
cases where the accused pleads guilty. In this case, Rahat did not plead guilty;
hence, his right to appeal against both the conviction and sentence stands
unimpaired.

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 Likewise, Sections 413 and 415 CrPC, which bar appeals in petty cases, also do
not apply, since the sentence exceeds one month of imprisonment and the fine is
over fifty taka.

3. Procedure for Filing the Appeal

The appeal should be filed in the form of a petition in writing, accompanied by a
copy of the judgment or order appealed against, as mandated by Section 419
CrPC. Since Rahat is in custody, Section 420 CrPC allows him to submit the
petition through the Officer-in-Charge of the jail, who must forward it to the
appropriate appellate court.

4. Powers of the High Court Division as Appellate Court

Once the appeal is admitted, the High Court Division may exercise its wide
appellate powers under Section 423 of the CrPC:

a. If the Appeal is Against Conviction (which it is):

The court may:

Reverse the finding and sentence, and acquit or discharge Rahat, or order a
retrial;

Alter the finding and maintain or reduce the sentence;

Alter the nature of the sentence, but not enhance it without giving Rahat an
opportunity to show cause against such enhancement (Proviso to Section
423).

This means Rahat can hope for an acquittal, reduction of sentence, or alteration
of conviction to a lesser offence, depending on the merits.

5. Power to Suspend Sentence and Grant Bail

Pending the appeal, the High Court Division may suspend the execution of the
sentence and grant bail, under Section 426(1). If bail is granted, the time spent
out on bail will not count towards the sentence if the conviction is upheld
(Section 426(3)).

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 6. Additional Remedy through Revision (if applicable)
If, for some technical reason, Rahat's appeal is not maintainable, or if substantial
illegality has occurred during trial, the High Court Division may still be
approached in its revisional jurisdiction under Section 435 CrPC. The court may
examine the record to determine the correctness, legality, or propriety of the
conviction or sentence.
In Reazuddin Ahmed v State (1997) 49 DLR (AD) 64, the court held that the High
Court Division may suo motu exercise revisional powers to prevent miscarriage
of justice. However, Section 439(5) CrPC bars revision when appeal lies but is
not preferred, making appeal the primary remedy in Rahat's case.

7. Judicial Precedents
In Ayaruddin v State (2004), the court emphasized that only a legally sustainable
conviction can be upheld. If the conviction does not satisfy the ingredients of the
offence, the appellate court must intervene. This precedent supports Rahat’s
contention that he may seek appellate review of the factual and legal basis of his
conviction.

Similarly, in Abul Hossain v State (2004), the High Court Division directed the trial
court to write a fresh judgment when the original judgment lacked proper
discussion and assessment of evidence. This power reinforces the appellate
court’s role in ensuring a fair adjudication process.

Conclusion
Rahat’s most appropriate and effective legal remedy is to file an appeal to the
High Court Division under Section 410 CrPC, following the procedure outlined in
Sections 419–420. During the appeal, the court may exercise its powers under
Section 423 to acquit, retry, or reduce his sentence. He may also apply for bail
pending appeal under Section 426(1). If a legal error is apparent, the High Court
may also exercise revisional jurisdiction under Section 435. Thus, the appellate
procedure offers Rahat a comprehensive legal avenue to challenge his conviction
and sentence.

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 Differences between Powers of Appellate Court and
Revisional Court (7 Marks)

The appellate and revisional jurisdictions under the Code of Criminal Procedure,
1898, serve distinct purposes in the criminal justice system.

Appellate Court Revisional Court

Discretionary
Nature of Power Statutory right
power

Errors of law
Grounds Errors of law or fact
only (generally)

No right; court
Any aggrieved party has a right to may act suo
Who can file
appeal motu or on
application

Generally does
not re-evaluate
May re-examine evidence and
Scope of Interference evidence,
decide guilt or innocence
unless there's
gross injustice

May annul,
modify, or
Can confirm, reverse, or modify direct retrial
Court’s Powers
conviction or sentence only if gross
illegality is
found

Sec 435–439,
provisions (Sec 410–423 CrPC)
561A CrPC

Thus, appeals are for wider reconsideration including factual reassessment, while
revisions are supervisory to correct jurisdictional or legal irregularities.

Suppose Sabina was convicted with death sentence for the

offense of murder and she is aggrieved with this judgment. She

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 wants to take appropriate legal step and seek proper remedy
against such conviction and sentence awarded by the Session
Judge of the Comilla. Advise her as a lawyer as to the appropriate
legal step and possible remedies against such conviction and
sentence. Discuss the appropriate legal procedure in this case
with reference to the relevant legal provisions and case
references. Give your prudent opinion as to the last possible legal
step regarding this case and probable remedies available for
Sabina, describing the powers and jurisdiction of the appellate or
additional court in this case
Answer:

As Sabina’s legal advisor, it is essential to guide her through the appropriate legal
remedy and procedure available against the conviction of death sentence for
murder pronounced by the Sessions Judge of Comilla. In accordance with the
provisions of the Code of Criminal Procedure, 1898 (CrPC) and relevant judicial
precedents, the following detailed and structured answer is provided.

I. Appropriate Legal Step Against the Conviction and Sentence

Sabina, being convicted with the death penalty by the Court of Sessions, has the
statutory right of appeal. According to Section 410 of the CrPC, “Any person
convicted on a trial held by a Sessions Judge or Additional Sessions Judge may
appeal to the High Court Division.” Therefore, Sabina must file a criminal appeal
to the High Court Division of the Supreme Court of Bangladesh.

Legal Provision:
Section 410 CrPC – Provides right of appeal against convictions made by
Sessions Judge.

Thus, Sabina can appeal both against conviction and sentence as a matter of
right, as this is not a summary or petty case.

II. Legal Procedure for Filing Appeal

1. Filing Petition of Appeal (CrPC, s 419–420):

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 The appeal must be filed in written form (petition of appeal) by Sabina or her
advocate.

Must be accompanied by a certified copy of the judgment.

If Sabina is in custody, the petition may be submitted through the jail

authority, who will forward it to the High Court Division.

2. Hearing and Notice (CrPC, ss 421–422):

The High Court Division must not dismiss the appeal summarily without
giving Sabina or her lawyer an opportunity to be heard.

If the court admits the appeal, it shall issue notices to relevant parties and fix
a date of hearing.

III. Powers of the High Court Division in Disposal of the Appeal

The High Court Division, acting as the appellate court, has extensive powers
under Section 423 of CrPC. It may:

In Appeal from Conviction:

Reverse the finding and sentence, acquit or discharge Sabina (s 423(1)(b)).

Order a retrial or alter the finding while maintaining or reducing the sentence
(s 423(1)(b)(ii), (iii)).

Alter the nature or extent of the sentence, but cannot enhance it without
giving her a chance to show cause (s 423, proviso; s 417A CrPC).

🔹 Case Reference: In Ayaruddin v State (2004), it was held

that conviction must be based on clear admission of each
legal element of the offence. Hence, if facts do not legally
constitute murder, appellate court can set aside the conviction.

IV. Additional Remedy: Revisional Jurisdiction of the High Court

Division

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 If any illegality or irregularity has occurred in the trial process or judgment,
Sabina can also invoke the revisional jurisdiction of the High Court Division under
Section 435 CrPC.

The High Court Division may call for the record, suspend the sentence, and
even set aside the judgment if there is a miscarriage of justice.

🔹 Case Reference: Reazuddin Ahmed v State (1997) 49 DLR

(AD) 64 – The Appellate Division observed that the High Court
may suo motu exercise its revisional power in case of a
miscarriage of justice.

V. Power to Suspend Sentence and Grant Bail (CrPC, s 426)

Pending the appeal, Sabina can apply for suspension of her sentence under
Section 426(1). If granted, she may be released on bail or her own bond, at the
discretion of the court.

Also, under Section 426(2B), since she may seek special leave to appeal to the
Appellate Division, the High Court Division may suspend the sentence during the
pendency of that appeal.

VI. Last Possible Legal Step: Appeal to the Appellate Division

If the High Court Division upholds the conviction and sentence, Sabina’s last
legal remedy is to seek leave to appeal to the Appellate Division of the Supreme
Court of Bangladesh under Article 103 of the Constitution.

The Appellate Division has the power to re-examine the evidence, review
legal interpretations, and reverse or confirm the High Court judgment.

In cases of death penalty, the Appellate Division gives extraordinary attention

to ensure justice is not miscarried.

VII. Prudent Legal Opinion

As a lawyer, I advise Sabina to immediately file a criminal appeal to the High
Court Division under Section 410 of CrPC. Given the severity of the sentence

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 (death penalty), the High Court will examine:

The correctness of the conviction,

Legal soundness of the sentence,

And whether the ingredients of murder under the Penal Code were fully
established.

If any procedural irregularity or misapplication of law is evident, the High Court

may reverse or reduce the sentence, or even acquit her. If the appeal is
dismissed, Sabina should seek leave to appeal to the Appellate Division as the
final legal step.

🔹 Supporting Precedent: In Abul Hossain v State (2004), the

High Court Division directed retrial where the lower court had
failed to assess evidence properly — a precedent applicable if
similar procedural failure occurred in Sabina's case.

Conclusion
Sabina's case involves the gravest sentence under criminal law. Therefore, the
appellate and, if necessary, the revisional and constitutional remedies must be
pursued with diligence. The High Court Division has broad powers to ensure that
justice is served, and the Appellate Division remains the final forum of justice.
Sabina should act promptly, within the statutory time limits, to seek remedy
against the conviction and sentence.

Final Question 2: Evaluation of Section 345 –

Compounding of Offences (20 Marks)

The statement correctly highlights that while the CrPC does not promote out-of-
court settlements generally, Section 345 permits compounding of certain minor
offences as an exception.

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 Scope and Application of Section 345 CrPC:
Offences specified in Section 345(1) can be compounded without the permission
of the court, such as:

Hurt (Section 323 IPC)

Assault (Section 352 IPC)

Offences under Section 345(2) require court permission, e.g.:

Criminal breach of trust (Section 406 IPC)

Cheating (Section 417 IPC)

Compounding can be done before or after the institution of proceedings, but not
after conviction unless permitted.

Purpose of Section 345:

Avoids unnecessary litigation for minor, private, or personal offences.

Restorative justice: encourages reconciliation where public interest is not

directly affected.

Limitations:

Not applicable to serious or non-compoundable offences.

No general discretion to courts beyond the specified offences.

Abuse risk: compounding might be forced upon vulnerable victims in a politically

or socially coercive context.
Socio-economic and Political Reality of Bangladesh:
Many victims lack access to legal aid and prefer settlements.
Delays in trial and backlog often encourage informal settlements.
Influence of power dynamics—rich or politically connected offenders may
pressure for compounding.
Suggested Reforms:
Broaden court discretion to allow compounding in more cases with judicial
oversight.
Introduce victim protection protocols to prevent coercion.

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 Restorative justice boards could be introduced for mediation in compoundable
offences.
Create a transparent and standardized procedure for compounding.

Conclusion:
Section 345 serves as a pragmatic tool to reduce court burden and allow flexibility
in minor cases. However, it requires careful reform to prevent exploitation and
align with Bangladesh’s evolving legal and social needs.

Final Question 4
4(a) Appeal vs. Revision: Error of Law vs. Error of Fact
(12 Marks)

The statement that appeals lie on errors of law and fact, while revisions are limited
to errors of law, is partially accurate, but requires clarification.
Grounds of Appeal (Sec 410–423 CrPC):
Appeal can be filed as of right on:

Errors of law (e.g., misapplication of legal provisions)

Errors of fact (e.g., incorrect findings based on evidence)

Appellate court can reappreciate the evidence, call for fresh evidence, or modify
judgment.
Case Reference: State v. Muhammad Abbas, 1998 – appellate court has full power
to re-evaluate factual and legal issues.

Grounds of Revision (Sec 435–439 CrPC):

Generally lies only on errors of law, procedural irregularities, or jurisdictional
defects.

Revisional court does not interfere with factual findings, unless they cause
manifest injustice.
Courts use revision sparingly and only in cases of serious legal errors or
miscarriage of justice.
Case Reference: Abdul Mannan v. State, 43 DLR (1991) – revision should not be
treated as a substitute for appeal.

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 Conclusion:
While appeals provide a broad scope for reconsideration, revisions are meant for
limited supervisory correction. However, in exceptional cases, if a factual error
results in gross injustice, a revisional court may intervene to prevent abuse of
process.

4(b) Revisional Jurisdiction of High Court Division (8

Marks)

The High Court Division exercises revisional jurisdiction under Sections 435–439
and 561A CrPC.
Key Features:
May act suo motu or on application by any aggrieved party.

Section 435: Calls for record of inferior court proceedings.

Section 439: May enhance sentence, reverse judgment, or order retrial.
Section 561A: Inherent power to prevent abuse of process or secure ends of
justice.
Limitations:
No revision if appeal lies and is not filed.

No interference in interlocutory orders (Sec 435(4)).

Case Reference:
Abdul Jalil v. State, 48 DLR (1996) – High Court can interfere only when the lower
court’s decision results in a miscarriage of justice.
State v. Md. Shajahan Miah, 43 DLR – revision is not a platform for reassessing
evidence.

Conclusion:
The High Court’s revisional jurisdiction acts as a safeguard against judicial error,
ensuring legality and fairness, especially when no appeal lies or statutory remedy
is exhausted.

illustrate the differences between the powers of appellate court

and revisional court in disposal of respective criminal appeal and

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 revision citing the relevant law and case references.

Differences Between Powers of Appellate and

Revisional Courts in Criminal Matters
Aspect Appellate Court Revisional Court

Sections 435–439, 441–

Statutory Basis Sections 410–423 CrPC
442A CrPC

Discretionary – The High

Court or Sessions Judge
As of right – An accused has a
Right to Proceed may act suo motu or on
statutory right to file an appeal.
application. No right of
revision.

Wider in scope – Re-examination Limited in scope –

Nature of Power of facts, law, evidence, and Supervisory jurisdiction
sentencing. over legality and propriety.

No – Revisional court does

Yes – Appellate court can re- not re-appreciate evidence
Power to Re-Appreciate
evaluate evidence and draw unless there's gross
Evidence
fresh conclusions. misappreciation or non-
consideration.

Accused, complainant, or
Any aggrieved party, or the
Who Can File prosecution (depending on the
court itself suo motu.
case type).

Yes – Can reverse, modify, or Yes – Can correct illegal or

Power to Alter Findings maintain findings of guilt or improper orders, but not
acquittal (s 423). substitute its own findings.

Yes – But only after giving the Yes – Under s 439(1), but
Power to Enhance
accused a chance to show only after giving the
Sentence
cause (s 423, proviso). accused an opportunity.

Yes – But only if illegality,

Yes – Appellate court can acquit
impropriety, or
Power to Acquit the accused after full re-
miscarriage of justice is
evaluation.
evident.

Power to Order Retrial Yes – Can order retrial or further Yes – Can order retrial if
inquiry under s 423(1). material irregularity is found

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 (s 439).

Discretionary – May
Mandatory – Both sides (accused
Hearing Requirement proceed ex parte, but
and prosecution) must be heard.
generally notice is given.

No fixed statutory time, but 90 working days from

Time Limit for Disposal expected to be disposed of service of notice under
within reasonable time. Section 442A CrPC.

Revisional orders are not

Orders are usually further
appealable but may be
Appealability of Order appealable (e.g., to Appellate
challenged under writ or
Division).
constitutional remedy.

Detailed Legal Provisions and Case Law

1. Powers of the Appellate Court – Section 423 CrPC

Section 423 elaborates the powers of the appellate court in:

Appeals from acquittal: May reverse acquittal and convict the accused.

Appeals from conviction: May acquit, reduce, or modify sentence.

Appeals for enhancement: May increase sentence, after notice.

General power: May amend, alter, reverse any order or sentence.

🔹 Case Reference: Abul Hossain v State (2004) – Appellate

court can reassess evidence if lower court failed to properly
evaluate it.

🔹 Case Reference: Ayaruddin v State (2004) – Appellate court

must evaluate whether legal ingredients of the offence are
satisfied.

2. Powers of Revisional Court – Sections 435–439 CrPC

Section 435 empowers the High Court Division and Sessions Judge to call for
records from subordinate courts. Section 439 specifies that upon examination:

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 The court may reverse, modify, or annul the orders.

May enhance sentence, order retrial, or quash proceedings.

Cannot convert acquittal into conviction (proviso to s 439(1)).

🔹 Case Reference: Reazuddin Ahmed v State (1997) 49 DLR

(AD) 64 – The revisional power is to be used only where
miscarriage of justice or grave procedural irregularity is
apparent.

Key Limitations of Revisional Power

Not a substitute for appeal – Cannot be used to re-argue facts.

Not available as a matter of right – Party must show illegality, impropriety, or

miscarriage of justice.

Cannot interfere in interlocutory orders unless they result in failure of justice.

🔹 Case Reference: Khandakar Abu Taher v State (2000) –

Revisional court must act sparingly and only when justice
demands intervention.

Conclusion:
The Appellate Court has wider, plenary powers to correct errors of both fact
and law, including full re-hearing and alteration of findings and sentences
under Section 423 CrPC.

The Revisional Court, under Section 435–439 CrPC, functions in a limited

supervisory capacity, intervening only to prevent illegality, irregularity, or
injustice. It does not serve as a second appeal.

Hence, while both courts ensure justice, their powers, scope, and nature of
proceedings are distinct, with appeal being broader and revision being
corrective and discretionary.

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