(3) When the inquiry and the evidence (if any) are not made and taken by the High Court, the result of
such inquiry and the evidence shall be certified to such Court.
376. Power of High Court to confirm sentence or annul conviction. In any case submitted under
section 374, 1* * * the High Court
(a) may confirm the sentence, or pass any other sentence warranted by law, or
(b) may annul the conviction, and convict the accused of any offence of which the
Sessions Court might have convicted him, or order a new trial on the same or an amended
charge, or
(c) may acquit the accused person :
Provided that no order of confirmation shall be made under this section until the period allowed for
preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is
disposed of.
377. Confirmation of new sentence to be signed by two Judges. In every case so submitted, the
confirmation of the sentence, or any new sentence, or order passed by the High Court, shall, when such
Court consists of two or more judges, be made, passed and signed by at least two of them.
378. Procedure in case of difference of opinion. When any such case is heard before a Bench of
Judges and such Judges are equally divided in opinion, the case, will their opinions thereon, shall be laid
before another Judge, and such Judge, after such hearing as he thinks fit, shall deliver his opinion, and the
judgment or order shall follow such opinion.
379. Procedure in cases submitted to High Court for confirmation. In cases submitted by the Court
of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High
Court shall, without delay, after the order of confirmation or other order has been made by the High Court,
send a copy of the order, under the seal of the High Court and attested with his official signature, to the
Court of Session.
[380. Procedure in cases submitted by Magistrate not empowered to act under section 562. Where
proceedings are submitted to a Magistrate of the first class or a Subdivisional Magistrate as provided by
section 562, such Magistrate may thereupon pass such sentence or make such order as he might have passed
or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence
on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry
or evidence to be made or traken.
2
1 The words “whether tried with the aid of assessors or by jury.” Omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and sch.
2 Subs. by the Code of Criminal procedure (Amdt.) Act, 1923 (18 of 1923), s.159, for the original entry.
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