427. Arrest of accused in appeal from acquittal. When an appeal is presented under
1[section 411A, subsection (2), or section 417], the High Court may issue a warrant directing that
the accused be arrested and brought before it or any subordinate Court, and the Court before which
he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail.
428. Appellate Court may take further evidence or direct it to be taken.(1) In dealing
with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be
necessary, shall record its reasons, and may either take such evidence itself, or direct it to be taken
by a Magistrate, or ,when the Appellate Court is a High Court, by a Court of Session or a
Magistrate.
(2) Where the additional evidence is taken by the Court of Session or the Magistrate, it or he
shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to
dispose of the appeal.
(3) Unless the Appellate Court otherwise directs, the accused or his pleader shall be present
when the additional evidence is taken. 2* * * .
(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV,
as if it were an inquiry.
429. Procedure where Judges of Court of Appeal are equally divided. When the Judges
composing the Court of Appeal are equally divided in opinion, the case, with their opinions thereon,
shall be laid before another Judge of the same Court, and such Judge, after such hearing (if any) as
he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.
430. Finality of orders on appeal. Judgments and orders passed by an Appellate Court upon
appeal shall be final, except in the cases provided for in section 417 and Chapter XXXII.
431. Abatement of appeals. Every appeal under 1[section 411A, subsection (2), or section
417] shall finally abate on the death of the accused, and every other appeal under this Chapter
(except an appeal from a sentence of fine) shall finally abate on the death of the appellant.
1 Subs. by the Criminal Procedure Amendment Act, 1943 (26 of 1943), s.5 for “section 417”.
2 The semicolon and words ” ; but such evidence shall not be taken in the presence of jurors or assessors” omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
For enforcement of this amendment in the Provinces, see para 2 of footnote 3 on p. 40. supra.
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