Section 743 in Rules of the High Court of Judicature for Rajasthan, 1952
743. Appeal against conviction.
(a)Any person convicted on a trial held by a single Judge of the High Court under section 45-J of the Act may appeal to the Division Bench:-(i)against the conviction on any ground of appeal which involves a matter of law' only,(ii)with the leave of the Appellate Court or upon the certificate of the Judge who tried the case that it is a fit case for appeal, against the conviction on any ground of appeal which involves a matter of mixed law and fact, or any other ground which appears to the Appellate Court be a sufficient ground of appeal; and(iii)with the leave of the Appellate Court, against the sentence passed unless the sentence is one fixed by law.(b)Appeal against acquittal. - The Official Liquidator may appeal to the High Court against any order of acquittal on any ground of appeal which involves a matter of law only.(c)Period of limitation. - An appeal under the preceding sub-rules shall be filed within 30 days from the date of the order appealed from.(d)Application to the trial Judge for a certificate. - An application to the Judge who tried the case for a certificate that it is a fit case for appeal may be made either orally at the end of the trial or by petition giving the grounds on which such certificate is sought and showing that the period of limitation for the appeal has not expired.(e)Appeal to be filed with the Registrar. - Appeals shall be filed in the office of the Registrar.(f)Memorandum of appeal. - The memorandum of appeal shall be made in the form of a petition giving the grounds of objection numbered consecutively, and the grounds upon which the leave, if any, of the Appellate Court is sought. It shall also show that the appeal is within time, and shall be accompanied by a certified copy of the judgment and the sentence or order of the Court, and also of the certificate of the Judge who tried the case that it is a fit case for appeal, when such certificate has been given.(g)Procedure in appeals. - On presentation of an appeal, the date of such presentation shall be marked thereon, and it shall be accepted if within time, and placed on a register of appeals to be kept for the purpose. When an appeal appears to the Registrar to be beyond time, it shall be returned to the party or his advocate unless the party or his advocate applies for it to be placed before the Court for orders. An application for executing the delay in presenting the appeal may be made to the Registrar within a fortnight of the date of such return, and such application shall be placed before the Court for orders.
