Appeals, Reference and Revision Questions and Answers

Answer: A

The accused is entitled to file an appeal before the Court of Session.

Section 374(3)(a) of the CrPC provides that any person convicted on a trial held by a Metropolitan Magistrate, an Assistant Sessions Judge or a Magistrate of the First or Second Class may appeal to the Court of Session.

The petty-case bar in Section 376 does not reach this case. It shuts out appeals only in listed situations, such as a Magistrate of the First Class passing a sentence of fine alone not exceeding one hundred rupees, or a Metropolitan Magistrate passing a short sentence; a Second Class Magistrate's sentence of one month's imprisonment is not among them. An appeal does not depend on a fine having been imposed, and it does not lie directly to the High Court from a Magistrate.

Answer: D

All three pairs are correct, so the answer is A, B and C. Section 389 of the Code of Criminal Procedure deals with suspension of the sentence pending the appeal and release of the appellant on bail, Section 390 with the arrest of the accused in an appeal from an acquittal, and Section 391 with the power of the appellate court to take further evidence or direct it to be taken.

The options naming only A, only B and C, or only C leave out a correct pair, so only the one listing all three is complete.