Section 423 in The Code of Criminal Procedure, 1989 (1933 A. D.)
423. Powers of Appellate Court in disposing of appeal.
(1)The Appellate Court shall then send for the record of the case, if such record is not already in Court. After perusing such record, and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and, in case of an appeal under section 417, the accused, if he appears, the Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-(a)in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made or that the accused be retired or committed for trial, as the case may be, or find him guilty and pass sentence on him according of law ;(b)in an appeal from a conviction, (1) reverse the finding and sentence, and acquit or discharge the accused, or order him to be retired by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or (2) alter the finding, maintaining the sentence, or with or without altering the finding, reduce the sentence, or, (3) with or without such reduction and with or without altering the finding, alter the nature of the sentence but, subject to the provisions of section 106, sub-section (3), not so as to enhance the same ;(c)in an appeal from any other order, alter or reverse such order ;(d)make any amendment or any consequential or incidental order that may be just or proper.[(1-a) Where an appeal from a conviction lies to the High Court, it may enhance the sentence, notwithstanding anything inconsistent therewith contained in clause (b) of sub-section (1) :Provided that the sentence shall not be so enhanced, unless the accused has had an opportunity of showing cause against such enhancement] [Sub-section (1-a) of section 423 inserted by Act XLII of 1956.][x x x] [Sub-section (2) omitted by Act XXXVII of 1978, Section 63.]
