The High Court is the final decision maker at a state level. It corrects any legal mistakes that have been made at a lower court in order to protect people’s rights in the constitution. Getting a poor result at trial or in the District Sessions Court can be incredibly devastating. Fortunately, we do have the ability to appeal to the High Court. Criminal appeals are complex and involve a lot of legal knowledge.
Unfortunately many people approaching a High Court appeal wrongly believe it is simply a re-trial. This can cause serious errors to occur which can seriously impact your case. If you or a loved one are looking to appeal a conviction then make sure you avoid the following 5 common mistakes which can completely kill your prospects of success with your High Court Criminal Appeal.
1. Treating the High Court as though it is a trial court (Re-weighing the evidence)
This is one of the most common mistakes made by appellants. They assume that the High Court will re-examine the evidence and witnesses presented and allow themselves to be influenced by your emotive arguments.
This will not work. The High Court mainly functions as an error correcting court. Unless you can provide evidence that there has been some ‘perversity in law’, the High Court will assume that the lower court assessed the evidence correctly. You need to make your appeal centred around how the lower court got the law wrong, didn’t take into account the statutory protection and misunderstood the existing evidence. By simply arguing that the witness lied won’t really work, instead you will want to argue that the lower court made an error in law by allowing uncorroborated conflicting evidence.
2. Missing the Limitation Period
Time is the enemy here! All jurisdictions have strict timeframes within which an appeal can be filed. For example, under the Indian Limitation Act, it is typically 60 days (or 30 days in cases of death sentence) from the date of conviction to file a Criminal Appeal to the High Court from a Sessions Court.
Why it is fatal: If you miss this deadline then the High Court will likely reject your appeal without even looking at it. Although you can file a separate Condonation of Delay application, you must show exceptional and unavoidable circumstances (such as serious medical issues) to justify why you did not file your appeal on time. Usually, things like negligence, a lack of money or simply taking too long to choose a lawyer will not be accepted as a valid reason.
3. Same defense strategy
The strategy adopted at trial is to prove reasonable doubt whereas the strategy adopted at appellate is to prove judicial error. Using the same notes, arguments and presentation as in the lower court will lead one into disaster.
Why it will be disastrous: Since your defense strategy did not convince the judge at trial, presenting the same story to the High Court will easily be rebutted by the prosecution. Your advocate would need to thoroughly go through the judgement to identify contradictions, errors in interpreting landmark judgments or errors in applying mandatory laws during the trial (statutory protections NDPS / PMLA / cyber crimes).
4. Overlooking ‘Suspension of Sentence’ Application
When a criminal appeal is filed, there will be no automatic suspension of your conviction. If you are in custody, then you will remain in custody during the appeal period, which could be months / years unless a specific application is made.
Why it’s detrimental: When you fail to file an application for Suspension of Sentence whilst filing your appeal (Sections 389 CrPC / Section 430 BNSS), you will be deprived of your liberty during the lengthy appeals process. An experienced High Court Criminal Lawyer will make this a priority by seeking to file the application. They will argue that if your sentence is a short sentence or there are strong merits to your appeal, it would be a miscarriage of justice to keep you in prison whilst your appeal was heard.
5. Incompetent or Cut and Paste Appeal
This forms part of the basis of your appeal. The paper book is where the documents from the lower courts are compiled. This includes transcripts of evidence, judgements and your grounds of appeal. Often, the appellant will rush their solicitor and often this will result in a poorly written appeal which may have typos, missing trial transcripts and generic cut and paste arguments.
Why is it fatal?
High Court Judges deal with a huge number of cases each day. A poorly written, unclear and unstructured appeal will leave a negative impression. It will be very easy for the judge to dismiss your appeal at the first stage of admission. You need to have very clear grounds of appeal. These should be numbered and clearly refer back to page numbers in trial evidence.
The Bottom Line
A High Court criminal appeal is an intricate and precise legal process requiring a skilled Advocate with a high level of academic knowledge, awareness of loopholes and the ability to be commanding in court.
Avoid panicking, but certainly don’t procrastinate. Do not fall into any of the 5 deadly pitfalls and immediately seek out an experienced High Court Appellate Counsel. Focus your strategy on attacking and exposing any weaknesses in the lower court verdict. Your liberty hangs in the balance so it is essential that you fight this second round very precisely. Visit the best criminal High Court lawyer in Chandigarh.
Frequently Asked Question:
Q1: Can the High Court reduce my sentence?
A1: The High Court can completely acquit you, reduce your sentence or overturn any guilty verdict from the lower courts if there were any legal issues.
Q2: What is the time limit for making a criminal appeal to the High Court?
A2: You usually have 60 days from the date of judgment of the trial court (or 30 days if you received a death sentence).
Q3: Can I be granted bail whilst my appeal is running?
A3: Yes. You must apply specifically for your Suspension of Sentence by your solicitor under section 389 CrPC (Section 430 BNSS).
Q4: Will the High Court hear any evidence?
A4: The High Court will rarely hear any evidence. They will only look at whether the lower court complied with the law and properly assessed the evidence that was available. Visit Advocate Mukul Goyal today!