Criminal Trial : Practice & Procedure

Sections 215 and 212 CRPC 

Criminal Trial : Practice and Procedure 

Held, when a criminal appeal filed by one of the accused is allowed by a Single Judge, even if there is difference of opinion about the judgment, another single Judge cannot take a different stand in an appeal filed by another accused, if the allegation against both the accused are one and the same. 

Simply because the Court's charge is not in proper form and it prejudiced the accused, the appellants cannot be acquitted for that simple reason. 

In such a situation, the usual remedy is to remand the case to the Trial Court and direct the Trial Court to frame charge in accordance to Criminal Procedure Code and proceed in accordance to law. 

[Paras 17 to 20]

Ani vs State of Kerala 

CRL-A 2025/08 24/09/20 

[ B.SUDHEENDRA JJ]

[ KERALA HIGH COURT ]