There is a saying that no human being is without flaws, and judges are no exception. It is possible that a judge made an error or did not thoroughly examine the facts in some cases. As a result, the judgement is erroneous or unsatisfactory to the accused.
That is why under section 25, every citizen, rich or poor, of any creed or caste has the right to life and liberty. Therefore, a guilty person may file an appeal with a higher court to have the decision reviewed for legal errors with an advocate.
However, this does not mean that the case will go to a new trial; rather, it will be examined whether the lower court's sentence was correct or not. That is to say, the party filing the appeal for a retrial must show that the preceding trial was flawed.
The higher court might allow or deny the appeal after evaluating the facts and evidence submitted by the appellant. If the court accepts the appeal, the judgement may be changed in part or entirely, but if the court rejects the appeal, the lower court's decision will stand.
In the case of Satya Pal Singh vs. State of Madhya Pradesh, the Supreme Court held that under section 372 of the Indian Penal Code, the deceased's father can file a review appeal in the high courtand challenge the judgment's correctness.
Whereas In another case of Arun Kumar vs. State of Uttar Pradesh, the Supreme Court stated that if the high court findsthat the session court's acquittal judgement is incorrect or falsified, the high court has complete authority to reverse the verdict and convict the accused.
However, under Article 134 (1) of the Indian constitution, the accused has the right to appeal to the Supreme Court against the high court's reverse decision of conviction. Article 134 (2) of the Indian constitution gives the Supreme Court the authority to hear or consider such appeals under specified conditions.
If the apex court finds that the high court's judgement was faulty, it can overturn the entire or part of the judgement based on the appellants' proofs of previous trial errors.
Apart from that, certain conditions are mentioned in sections 265G, 375, and 376 CR, under which no appeal of review will be entertained by the court.
