(c) when any person is convicted by a Magistrate of an offence under section 124A of the Pakistan
Penal Code (XLV of 1860), the appeal shall lie to the High Court.
1[409. Appeals to Court of Session how heard. Subject to the provisions of this section, an appeal
to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions
Judge or an Assistant Sessions Judge :
Provided that an Additional Sessions Judge shall hear only such appeals as the Provincial
Government may, by general or special order, direct or as the Sessions Judge of the division may make over
to him :
Provided further that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is
of a person convicted on a trial held by any Magistrate of the second class or third class].
410. Appeal from sentence of Court of Session. Any person convicted on a trial held by a Sessions
Judge, or an Additional Sessions Judge, may appeal to the High Court.
411. [Appeal from sentence of Presidency Magistrate.] Omitted by A.O., 1949, Sch.
[411A. Appeal from sentence of High Court._(1) 3[Except in cases in which an appeal lies to the
Supreme Court under 4[Article 185] of the Constitution] any person convicted on a trial held by a High
Court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in section
418 or section 423, subsection (2), or in the Letters Patent of any High Court, appeal to the High Court
2
(a) against the conviction on any ground of appeal which involves a matter of law only ;
(b) with the leave of the Appellate Court, or upon the certificate of the judge who tried case that it is
a fit case for appeal, against the conviction on any ground of appeal which involves a matter of
fact only, or a matter of mixed law and fact, or any other ground which appears to the appellate
Court to be a sufficient ground for appeal ; and
(c) with the leave of the Appellate Court, against the sentence passed unless the sentence is one
fixed by law.
(2) Notwithstanding anything contained in section 417, the Provincial Government may direct the public
prosecutor to present an appeal to the High Court from any order of acquittal passed by the High Court in
the exercise of its original criminal jurisdiction, and such appeal may, notwithstanding anything contained in
section 418, or section 423, subsection (2), or in the Letters Patent of any High Court, but subject to the
restrictions imposed by clause (b) and clause (c) of subsection (1) of this section on an appeal against a
conviction, lie on a matter of fact as well as a matter of law.
1 Omitted and subs. by Ord. 12 of 1972, s.2 and Sch.
2 S.411A ins. by theCriminal procedure Amendment Act, 1943 (26 of 1943), s.2.
3 Subs. by A.O., 1961, Art. 2 and Sch., for “without prejudice to the provisios of section 449” (with effect from the 23rd Marach, 1956).
4 Subs. by F.A.O., 1975, Art. 2 and Sch., for “Article 58” (w.e.f 14873), which was amended by A.O., 1964, Art. 2 and Sch., for “clause (b) of Article 159”.
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