Criminal Appeal -- Conviction by Sessions Court in Appellate Jurisdiction by reversing Acquittal -- Statutory appeal not maintainable; revision is the remedy
Criminal Procedure Code, 1973, S.374 -- Criminal Appeal -- Conviction by Sessions Court in Appellate Jurisdiction -- No appeal lies where a Sessions Court, while exercising appellate jurisdiction, reverses an acquittal and records a conviction, since the conviction is not passed on a trial. Section 374 contemplates an appeal only from a court which itself conducted the trial. The remedy against such conviction lies in a revision under Section 397 read with Section 401.
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