(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be
made, or that the accused be retried or 1[sent for trial to the Court of Session or the High Court]
as the case may be, or find him guilty and pass sentence on him according to law ;
(b) in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the
accused, or order him to be retried by a Court of competent jurisdiction subordinate to such
Appellate Court or 2[sent] for trial, or (2) alter the finding, maintaining the sentence, or, with or
without altering the finding, reduce the sentence, or, (3) with or without such reduction and with
or without altering the finding, alter the nature of the sentence, but, subject to the provisions of
section 106, subsection (3), not so as to enhance the same ;
(c) in an appeal from any other order, alter or reverse such order ;
(d) make any amendment or any consequential or incidental order that may be just or proper.
3
* * * * * * *
424. Judgments of subordinate Appellate Courts. The rules contained in Chapter XXVI as to the
judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the
judgment of any Appellate Court other than a High Court:
Provided that, unless the Appellate Court otherwisedirects, the accused shall not be brought up, or
required to attend, to hear judgment delivered.
425. Order by High Court on appeal to be certified to lower Court.(1) Whenever a case is decided
on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which
the finding, sentence or order appealed against was recorded or passed. If the finding, sentence or order was
recorded or passed by a Magistrate other than the District Magistrate, the certificate shall be sent through
the District Magistrate.
(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders
as are conformable to the judgment or order of the High Court ; and, if necessary, the record shall be
amended in accordance therewith.
426. Suspension of sentence pending appeal. Release of appellant on bail.(1) Pending any appeal by
a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the
execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he
be released on bail or on his own bond.
1 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for "committed for trial".
2 Subs. ibid., for “committed”.
3 Subsection (2) omitted ibid.
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