Section 409(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)Subject to the provisions of this section, an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge or an Assistant Sessions Judge :Provided that no such appeal shall be heard by an Assistant Sessions Judge unless the appeal is of a person convicted on a trial held by any Magistrate of second [x x x] [Proviso to sub-section (6) of section 401 added by Act XLII of 1956.] class.
