NOTE:– In this connection it may be pointed out that in England the Crown has no right to appeal against a finding of acquittal while in this country an appeal against acquittal is provided in Section 417 and a revision is in Section 4[unclear]39 of the Code of Criminal Procedure. In all such cases justice requires that the accused person or convict as the case may be should be given a further right of appeal.
The sentence of death is an irrevocable penalty and there is a large body of opinion all over the world against it. Even though it may not be expedient to abolish death penalty, it is very essential that the condemned person should be allowed a right of appeal to the highest Court of the land.The only argument urged against the suggested reform is that it will increase the work of the Supreme Court and will require the appointment of more judges; but this is a consideration which should not weigh with the nation when the question of life or death of a human being is involved.To an individual, his life is of far greater value than any amount of money or property or worldly possessions. The general provision in clause 112 of the D[unclear]raft Code for an appeal by special leave is not enough and appeal as a matter of right should be provided in the above-mentioned cases.
