Discussion
A Metropolitan Magistrate sentenced an accused of theft for three months simple imprisonment and a fine of Rs. 200/-. Accused can file an appeal against such judgment in;
Answer: D
No appeal can be filed.
Section 376 of the Code of Criminal Procedure, 1973 bars appeals in petty cases. Under clause (c), there is no appeal where a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months, or of fine not exceeding two hundred rupees, or of both. Three months' simple imprisonment with a fine of Rs. 200 is within those limits.
An appeal would otherwise lie to the Court of Session, but the bar applies first, and the Chief Metropolitan Magistrate has no appellate jurisdiction over such a sentence. Revision remains possible, but not an appeal.
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