Criminal Appeal to High Court under Section 415(2) BNSS, 2023

IN THE MATTER OF:

Name of Appellant
S/o / D/o / W/o ____________
Address: ____________________________________________
Present custody status: on bail / in judicial custody since ______
...APPELLANT

VERSUS

State of ____________
Through Public Prosecutor / appropriate authority
...RESPONDENT

CRIMINAL APPEAL UNDER SECTION 415(2) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

AGAINST THE JUDGMENT OF CONVICTION DATED ____________ AND ORDER ON SENTENCE DATED ____________ PASSED BY THE LEARNED ____________ IN CASE NO. ____________

SYNOPSIS

The present appeal challenges the judgment dated ____________ whereby the Appellant was convicted for offence(s) under BNS / other law sections and the order on sentence dated ____________ whereby the Appellant was sentenced to state sentence, fine and default sentence.

The Appellant submits that the conviction and/or sentence is unsustainable because briefly identify the principal evidentiary, legal and procedural errors.

LIST OF DATES AND EVENTS

Date	Event
__/__/20__	FIR / complaint registered or instituted.
__/__/20__	Appellant arrested / joined investigation, as applicable.
__/__/20__	Police report / charge-sheet filed.
__/__/20__	Charges framed.
__/__/20__	Prosecution evidence concluded.
__/__/20__	Statement/examination of accused under applicable BNSS provision recorded.
__/__/20__	Defence evidence, if any, concluded.
__/__/20__	Judgment of conviction passed.
__/__/20__	Order on sentence passed.
__/__/20__	Present appeal filed.

TO
THE HON'BLE CHIEF JUSTICE AND THE HON'BLE COMPANION JUDGES OF THE HIGH COURT OF ____________

MOST RESPECTFULLY SHOWETH:

1. The Appellant is aggrieved by the judgment of conviction dated ____________ and order on sentence dated ____________ passed by the Learned Sessions Judge / Additional Sessions Judge / Trial Court in case number arising out of FIR/Complaint No. ____________, Police Station ____________.

2. By the impugned judgment, the Appellant has been convicted under applicable BNS / special-law provisions. By the order on sentence, the Appellant has been sentenced to complete sentence. Copies of the impugned judgment and order on sentence are annexed as Annexure A-1 (Colly.).

3. The prosecution case, stated briefly and without admission, is that summarise prosecution version accurately.

4. The prosecution examined ____ witnesses and relied upon identify principal documents/exhibits/electronic evidence.

5. The defence of the Appellant before the Trial Court was state defence, denial, alibi, false implication, statutory defence or other case.

6. The Trial Court convicted the Appellant principally on the reasoning that fairly summarise material findings.

7. The Appellant submits that the impugned judgment and sentence are contrary to law and the record for, amongst others, the following grounds.

GROUNDS OF APPEAL

1. Failure to prove guilt beyond reasonable doubt. The prosecution evidence, read as a whole, does not establish the essential ingredients of the alleged offence beyond reasonable doubt.
2. Material contradictions and omissions. The Trial Court failed to properly evaluate the contradictions, omissions and improvements concerning identify witnesses/evidence.
3. Unreliable or insufficient identification/link evidence. The evidence connecting the Appellant with the offence is deficient because state case-specific defect.
4. Improper appreciation of electronic/forensic evidence. The Trial Court erred in relying on electronic/forensic material without adequately addressing authenticity, chain of custody, admissibility or evidentiary gaps under the applicable law.
5. Material defence ignored. The explanation/defence of the Appellant concerning issue was not considered in its proper perspective.
6. Burden of proof incorrectly shifted. The impugned judgment effectively required the Appellant to disprove the prosecution case before the prosecution had discharged its legal burden.
7. Circumstantial evidence incomplete. Where the prosecution case rests on circumstances, the circumstances do not form a complete and legally sufficient chain excluding reasonable hypotheses consistent with innocence.
8. Inadmissible or legally weak material relied upon. The conviction is materially influenced by hearsay/disclosure/recovery/uncorroborated testimony/other material beyond its lawful evidentiary value.
9. Procedural prejudice. The proceedings were materially affected by non-supply of documents / denial of effective cross-examination / improper admission of evidence / other defect, causing prejudice or failure of justice.
10. Sentence disproportionate. Without prejudice to the challenge to conviction, the sentence fails to adequately consider mitigating circumstances including age, antecedents, custody undergone, dependants, health, conduct, role and other lawful factors.

8. Limitation. The present appeal is within limitation. The judgment/order appealed from was passed on ____________, and the requisite copy was applied for on ____________ and made ready/delivered on ____________. If required, a separate application for condonation of delay is filed.

9. Custody and set-off. The Appellant has undergone custody for approximately ____________. The period of detention liable to be set off against imprisonment shall be dealt with in accordance with Section 468 BNSS and other applicable law.

10. No parallel appeal. The Appellant has not filed another appeal against the same conviction and sentence before any other court, except state details, if any.

11. The Appellant craves leave to add, amend or urge further grounds with permission of this Hon'ble Court.

PRAYER

In view of the facts and grounds stated above, it is respectfully prayed that this Hon'ble Court may be pleased to:

a. admit the present appeal and call for the Trial Court record;

b. set aside the judgment of conviction dated ____________ and order on sentence dated ____________ and acquit the Appellant;

c. alternatively, pass such other order permitted under Section 427 BNSS, including alteration of finding/sentence or retrial where legally justified;

d. grant the Appellant the benefit of lawful set-off for detention already undergone;

e. pass any other or further order deemed just and proper in the interests of justice.

APPELLANT

THROUGH COUNSEL

Advocate: ____________

Place: ____________
Date: ____________

APPLICATION FOR SUSPENSION OF SENTENCE / BAIL

Where required, file a separate application under Section 430 BNSS stating the sentence imposed, custody undergone, conduct during trial, arguable grounds in appeal, likely time required for hearing, prior bail compliance and other relevant circumstances. Suspension of sentence and release on bail are not automatic merely because an appeal has been filed.

AFFIDAVIT

I, name of Appellant / authorised deponent where permitted, aged about ____ years, S/o / D/o / W/o ____________, resident of ____________________________________________, solemnly affirm:

1. I am the Appellant/deponent in the accompanying appeal and am acquainted with its facts.

2. The accompanying appeal has been prepared under instructions. The factual statements are true to my knowledge and the case record, while the legal grounds are based on advice received and believed to be correct.

3. The annexures are true copies of the documents/orders relied upon, subject to applicable High Court filing rules.

4. No material fact concerning the conviction, sentence, custody or related appellate proceeding has been concealed.

DEPONENT

VERIFICATION

Verified at ____________ on this ____ day of ____________, 20__, that the contents above are true and correct to my knowledge and belief and nothing material has been concealed.

DEPONENT