20.500.12592/kqkbs4
The Criminal Law Journal Journal 1953
1953
Summary
The framers of the said Amendment Act 26 of 1943 had thereby brought ordinary Jury appeals to High Court against the decisions of the Courts of Session and Jury appeals to the Division Court of the High Court against the decision of a High Court Judge in the exercise of original criminal jurisdiction somewhat on equal lines. [...] tion of the entire proceedings is provided by the Statute and the intention of the Legislature is to put a check against the decision of the Court of Session because the life of an individual is to be taken away. [...] On the other hand if for some reason or other the accused fails to prefer an appeal against the decision of the High CourtJudge exercising orignal criminal jurisdiction he is doomed and he is baulked of the statutory consideration of the entire matter for the last time and there is no safeguard of the interest of the accused and there is no check against the decision of a High Court Judge in [...] Non-filing of the appeal ousts the jurisdition of the Division Court of the High Court in finally determining the case of the condemned person. [...] This is indeed one of the methods of inquiry into the truth of the accusation by drawing the attention of the person concerned to the accusation and to ask him whether ho has any cause to show.
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