A Magistrate of the Second Class passes a sentence of one month's imprisonment. The accused wants to appeal. Based on the Code of Criminal Procedure (CrPC), 1973, which of the following is true ?
- AThe accused is entitled to file an appeal before the Court of Session.
- BAn appeal lies only if a fine was also imposed.
- CThe accused may prefer an appeal directly to the High Court.
- DNo appeal is maintainable in this specific instance.
Solution & Step-by-step Explanation
Section 374(3) of the CrPC, 1973 states that any person convicted on a trial held by a Magistrate of the Second Class may appeal to the Court of Session. While Section 376 bars appeals in petty cases, the bar for a Second Class Magistrate under Section 376(d) only applies where the sentence consists strictly of a fine not exceeding one hundred rupees. Since a substantive sentence of one month's imprisonment was passed, the bar does not apply, and an appeal is fully maintainable before the Court of Session.