Legal Question in Criminal Law in India

Respected Sir, I have filed a case against the accused u/s 138 N.I. act, during the trial the accused in open court confessed, his statement was recorded u/s 242 Cr.P.C and admitted that he will make payment and affixed his signature on the margin of the order. The Honorable Sub-Judge said in his order that " it is sufficient for satisfaction of section 58 of the Evidence Act that is facts admitted need not to be proved".

Sir, my query is that whether the convicted person, has the right to appeal against the judgment given by the Honorable Court, when he himself confessed in open Court and admit that he will pay the amount.

Sir, it will be your great kindness if you provide some Laws under which he cannot appeal before the higher Court or some examples. Thanks

Asked on 2/17/11, 5:06 am

1 Answer from Attorneys

Mirza Safiulla Baig Baba & Baig Law Firm

Yes, a convicted person has right to appeal, the said right is provided by the statute. As for my knowledge their is no law which prohibits a convict even if he himself confessed in the open court and admitted that he will pay the amount, except the Law of Limitation.

The basic principle is a Right exists but remedy is extinguished by virtue of Law of Limitation. but for limitation their is no law which restricts or prohibits an appeal to a higher court.

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Answered on 2/17/11, 11:47 am

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