Criminal appeal

--- S. 423 --- Powers of Appellate Court in disposing of appeal --- Scope --- The administration of criminal justice must not be allowed to hinge upon the whims, strategy, or inadvertence of counsel, particularly where the liberty of a citizen is at stake --- Thus, in view of the express language of Section 423 of the Code, and the settled principles of criminal law, it is the inescapable duty of the appellate court to adjudicate the appeal on the basis of record and in accordance with law, irrespective of any concession or limitation placed by the parties in their submissions --- Any failure to do so renders the appellate proceedings legally vulnerable and undermines the integrity of judicial adjudication.

--- S. 423 --- Powers of Appellate Court in disposing of appeal --- Scope --- The appellate jurisdiction under the Code is not a mere formality or procedural ritual --- Rather, it carries with it a substantive obligation to reappraise the evidence and determine whether the conviction and sentence recorded by the trial court are sustainable in law --- Section 423 makes it abundantly clear that the appellate court must decide the appeal on its merits --- The Appellate Court cannot evade its obligation merely because the accused or his counsel opted not to challenge the conviction --- To hold otherwise would amount to reducing the appellate function to a mechanical exercise dictated by the tactical choices of the parties, which would be contrary to the spirit and scheme of criminal justice enshrined in the Code.

--- S. 423 --- Powers of Appellate Court in disposing of appeal --- Scope --- The phrase “after perusing such record” employed in section 423 is of pivotal importance --- This phrase, impose a clear and unequivocal obligation upon the appellate court to decide the appeal after independent application of judicial mind to the record of the case --- The words “after perusing such record” reflects the legislative intent that an appellate court, while hearing a criminal appeal, is not to act merely as a passive arbiter responding to the stance or concession of a party, but is duty-bound to scrutinize the entire record and render a decision on the basis of evidence and the applicable law.