(1)When a Deputy Commissioner thinks that an appeal should be filed by the State Government to the High Court under Section 417 of the Criminal Procedure Code, 1898, against an original or appellate order of acquittal passed by any Court other than a High Court, he shall address the Legal Remembrancer forwarding all necessary documents and putting the case in such a way that no further reference will be required. Under no circumstances should a reference be made in the absence of the record of the trial itself; the Legal Remembrancer shall submit the case with his opinion for Government's orders. If there appear to be good grounds for preferring an appeal the complete paper shall be sent to the Senior Government Advocate for necessary action. If in any case, the State Government considers a further opinion necessary the opinion of the Advocate General, Assam, shall be obtained.(2)Under the Union Government's instructions, an appeal against an acquittal should be filed within three months of the order of acquittal and the Senior Government Advocates requires the records to reach him within two months of the order of acquittal. Whenever, therefore, the Deputy Commissioner thinks that an appeal should be filed against an order of acquittal, he should send his recommendation, with the original records, to the Legal Remembrancer, Assam, within one month from the date of the judgement to be appealed against.(DD)Procedure in Moving for Enhancement of Sentence
