Section 14 in Conduct of the Government Litigation, Rules, 2000
14. Procedure as regards filing of appeals, revisions or other applications when the decision is adverse to prosecution.
(1)(a)Where in any trial, criminal appeal, revision or any other criminal proceeding, the decision of he court is adverse to the prosecution and the Public Prosecutor proposes filing of appeal under section 378 of the Code of Criminal Procedure against the order of acquittal of the accused or an appeal under section 377 of the said Code for enhancement of sentence or any other appeal or an application for revision or any other application to be filed in the higher Court, he shall submit his proposal to that effect to the Legal Remembrancer or the Joint Legal Remembrancer Law Department along with the following informations and case papers:-(i)A copy of grounds of appeal, revision or other application;(ii)One clean certified copy of judgement;(iii)The last date of limitation period on which an appeal, revision or other application is to be filed;(iv)A list of correct address of the accused against whom appeal, revision or other application is to be filed;(v)Copies of extracts of relevant evidence and copies of depositions of important witnesses and other material record of the case;(b)He shall, on receipt of the report from the Public Prosecutor under clause (b) of sub-rule (1) above, send his report immediately to the Legal Remembrancer or the Joint Legal Remembrancer Law Department, as the case may be.(3)Any other Government officer connected with the prosecution or the Public Prosecutor, who desires to file an appeal against the order of acquittal or for enhancement of sentence or any other appeal or to file a revision or other application against the decision of any subordinate court to the High Court in any criminal matter, shall forward his opinion along with the opinion of the Public Prosecutor concerned and all the relevant case papers, as required under sub-rule (1) above, to the Legal Remembrancer, Law Department.(4)In every case in which a Government servant, who is prosecuted for any offence in relation to his official duties, is acquitted, the head of the department, shall, as soon as possible after the case is decided and the Public Prosecutor consulted, send his report along with all relevant case papers to the Legal Remembrancer of the Joint Legal Remembrancer Law Department, stating the facts of the case and whether in his opinion an appeal should be filed against the order of acquittal.(5)If the appeal is to be filed under section 378 of the Code of Criminal Procedure, the proposal under sub-rules (1), (2), (3) and (4) along with the relevant case papers shall be forwarded to the Legal Remembrancer or the Joint Legal Remembrancer, Law Department, as soon as possible and except in special cases not later than fifteen days from the date of judgement and if the appeals is to be filed for enhancement of sentence or an application for revision or other application is to be filed in the Higher Court, the proposal to that effect, with all relevant case papers shall be forwarded as soon as possible and except in special cases not later than ten days from the date of judgement.Note: - Limitation for filing an appeal in the High Court against the order of acquittal under sub-sections (1) and (3) of section 378 of the Code of Criminal Procedure, is 90 days, excluding the period for obtaining certified copy of the judgement, under Article 114 of the Limitation Act, 1963 and the limitation for filing an appeal in the High Court against the sentence under sub-section (1) or section 377 of the said Code or against any order not being an order of acquittal is 60 days, excluding the period for obtaining certified copy of judgement, under Article 115 of the Limitation Act, 1963.(6)If an appeal is filed by a complainant under section 378(4) of the Code of Criminal Procedure, a notice is served by the High Court on the Public Prosecutor concerned in the High Court. In such cases the Public Prosecutor concerned in the High Court shall immediately forward the High Court notice and other enclosures to the Legal Remembrancer or the Joint Legal Remembrancer, Law Department and seek Government's instructions whether the State should support he appeal or not.(7)If Government in the Law Department does not consider it necessary to file an appeal, revision or other application in the High Court against the order of he lower Court, the Legal Remembrancer or the Joint Legal Remembrancer, Law Department shall communicate the decision of the Government to the Public Prosecutor concerned and all the concerned Government officers.(8)(a)If Government in the Law Department decides to file an appeal or an application for revision or any other application or to support the appeal filed by the complainant, a Government Resolution in authorizing the filing of appeal or application for revision or any other application, along with all relevant case papers, shall be sent by the legal Remembrancer or the Joint Legal Remembrancer, Law Department to the Public Prosecutor concerned in the High Court to which the appeal, revision or application lies;(b)The memorandum of appeal or application for revision or other application shall then be drawn by the Public Prosecutor concerned in the High Court and filed in the High Court within the period of limitation.
