Draft a memorandum of appeal against the conviction
Draft
a memorandum of appeal against the conviction
IN
THE COURT OF THE HON’BLE SESSIONS JUDGE AT [DISTRICT NAME]
Criminal
Appeal No. ______ of 2025
In
the matter of:
[Name
of the Appellant],
S/o [Father’s Name], aged about ___ years,
R/o [Full Address],
(Hereinafter referred to as the Appellant)
… Appellant
Versus
The
State of [Name of State],
Through the Public Prosecutor,
(Hereinafter referred to as the Respondent)
… Respondent
MEMORANDUM
OF APPEAL
(Under
Section 373 of the Bharatiya Nagarik Suraksha Sanhita, 2023)
The
Appellant above-named respectfully submits as under:
1.
Facts of the Case
- That
the Appellant was tried before the Court of the Learned Judicial
Magistrate First Class, [Place], in Case No. ______ of 2024, under Section
___ of the Bharatiya Nyaya Sanhita, 2023 (BNS) [mention section,
e.g., Section 303 – Voluntarily causing hurt].
- That
by the judgment dated //2025, the Learned Trial Court
convicted the Appellant and sentenced him to undergo rigorous
imprisonment for ___ years and to pay a fine of ₹_____.
- That
the Appellant is innocent and has been falsely implicated in the said
case. The conviction and sentence passed against him are illegal,
improper, and unsustainable in law.
2.
Grounds of Appeal
The
Appellant prefers this appeal on the following, amongst other, grounds:
- Because the learned Trial Court has
erred in law and on facts in holding the Appellant guilty without properly
appreciating the evidence on record.
- Because the prosecution failed to
prove its case beyond reasonable doubt as required under law.
- Because the evidence of the
prosecution witnesses is contradictory and unreliable, and the learned
Court failed to take due note of these inconsistencies.
- Because the Trial Court wrongly
disbelieved the defence evidence without assigning proper reasons.
- Because the learned Court failed to
consider that there was no independent corroboration of the alleged
offence.
- Because the sentence awarded is
excessive and disproportionate to the nature of the alleged act.
- Because the conviction and sentence
are contrary to the principles of natural justice and the provisions of
the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik
Suraksha Sanhita, 2023.
- Because the learned Court failed to
give the benefit of doubt to the Appellant, which he was entitled to.
- Because the judgment under appeal is
based on conjectures, surmises, and misappreciation of facts and evidence.
3.
Prayer
In
view of the aforesaid grounds, it is most respectfully prayed that this Hon’ble
Court may be pleased to:
- Admit
this appeal;
- Call
for the records of the Trial Court;
- Set
aside the conviction and sentence
passed by the Learned Judicial Magistrate First Class, [Place], in Case
No. ___ of 2024, vide judgment dated //2025;
- Acquit
the Appellant
of the charge under Section ___ of the Bharatiya Nyaya Sanhita, 2023;
and
- Pass
such other order or direction as may be deemed just and proper in the
circumstances of the case.
4.
Interim Prayer (If Applicable)
Pending
final disposal of this appeal, the Appellant prays that the Hon’ble Court may
be pleased to suspend the execution of the sentence and release the
Appellant on bail under Section 398 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, in the interest of justice.
5.
Verification
I,
[Name of Appellant], the Appellant above named, do hereby verify that the
contents of paragraphs 1 to 4 of the above appeal are true and correct to the
best of my knowledge and belief.
Place:
____________
Date: //2025
(Signature
of Appellant)
[Name of Appellant]
Through
Counsel:
[Name of Advocate]
Advocate, [Address]
Enrollment No. __________
NOTES
FOR STUDENTS & PRACTICE
- Legal
Provision:
Section 373, BNSS, 2023 (Appeal from conviction).
- Old
Reference:
Section 374, CrPC, 1973.
- For
Suspension of Sentence:
Section 398, BNSS, 2023 (corresponding to Section 389, CrPC).
- Attach
with:
Certified copy of the judgment and order appealed from, along with bail
application if applicable.
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