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    Draft A Revision Application To Sessions Court

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    Arasan Arasan
    The document contains two exercises related to drafting revision petitions. Exercise 1 provides a scenario where a person named Yashwant was convicted based on circumstantial evidence and witness statements, even though the forensic lab report establishing the seized substance was opium was not exhibited in court. Exercise 2 provides a scenario where a police officer named Ram conspired with an accused drug dealer to allow illegal drugs to pass through his jurisdiction safely. The exercises then ask questions and provide guidance for drafting revision petitions to challenge the lower court decisions in each case.

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    Draft A Revision Application To Sessions Court

    Uploaded by

    Arasan Arasan
    287 views3 pages
    The document contains two exercises related to drafting revision petitions. Exercise 1 provides a scenario where a person named Yashwant was convicted based on circumstantial evidence and witness statements, even though the forensic lab report establishing the seized substance was opium was not exhibited in court. Exercise 2 provides a scenario where a police officer named Ram conspired with an accused drug dealer to allow illegal drugs to pass through his jurisdiction safely. The exercises then ask questions and provide guidance for drafting revision petitions to challenge the lower court decisions in each case.

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    Draft a Revision Application to Sessions Court

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    The document contains two exercises related to drafting revision petitions. Exercise 1 provides a scenario where a person named Yashwant was convicted based on circumstantial evidence and witness statements, even though the forensic lab report establishing the seized substance was opium was not exhibited in court. Exercise 2 provides a scenario where a police officer named Ram conspired with an accused drug dealer to allow illegal drugs to pass through his jurisdiction safely. The exercises then ask questions and provide guidance for drafting revision petitions to challenge the lower court decisions in each case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    287 views3 pages

    Draft A Revision Application To Sessions Court

    Uploaded by

    Arasan Arasan
    The document contains two exercises related to drafting revision petitions. Exercise 1 provides a scenario where a person named Yashwant was convicted based on circumstantial evidence and witness statements, even though the forensic lab report establishing the seized substance was opium was not exhibited in court. Exercise 2 provides a scenario where a police officer named Ram conspired with an accused drug dealer to allow illegal drugs to pass through his jurisdiction safely. The exercises then ask questions and provide guidance for drafting revision petitions to challenge the lower court decisions in each case.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    June 2019

    Week Duration​: 31/05/2019 to 06/06/2019

    Exercises on Draft a revision application to


    Sessions Court

    Learning Objective:

    1. What is Revision
    2. When and where to file an application for revision
    3. How to draft a revision petition
    4. Other related concepts

    Exercise 1:

    One fine day police arrested Yashwant on a check post while he was traveling from
    a bus. A bag full of opium (5 Kg) was found and seized. Opium was sent to the
    forensic lab for testing. The FSL report clearly stated that it was opium. But the FSL
    report was not exhibited.

    The court convicted Yashwant on the basis of statements of witness and other
    circumstantial evidence even though the FSL report was not exhibited. No questions
    were asked from Yashwant regarding the FSL report during his examination u/s 313
    Cr.P.C. also.

    Yashwant has approached you for advice.

    1. Was the decision of the court appropriate in this situation?

    2. Can FSL report be read as evidence even when it was not exhibited?

    3. Can court convict a person even when FSL report was not read in evidence?

    4. What is your advice to Yashwant in this case? Assume that you are his
    lawyer, what must be your next action in this case?

    © Addictive Learning Technology Pvt. Ltd. Any unauthorized use, circulation or reproduction shall attract suitable action
    under applicable law.
    5. Draft a revision petition on behalf of Yashwant opposing the order of the lower
    court.

    You can use the following arguments to oppose the judgment of the lower
    court.

    a. FSL report itself was not exhibited and read in evidence.

    b. A report was not exhibited, it cannot be used against the accused of his
    conviction.

    c. Without FSL report it cannot be said that the prosecution has proved
    the matter beyond reasonable doubt.

    d. Accused was not asked any question regarding the report during his
    examination u/s 313 Cr.P.C. which further weakens the case of the
    prosecution.

    e. No circumstances can be used against the accused which has not


    been put to his examination u/s 313 Cr.P.C.

    f. Other witnesses are just witnesses of search, recovery, seizure, etc. It


    cannot be proved only on the basis of their statements that the seized
    material was opium.

    Exercise 2:

    Mr. Ram is an officer in charge of a police station. One night he got information from
    an informer that a Shyam has brought some narcotic drugs in his house which is
    located in Ram’s jurisdiction. A deal is going out in his house and after the deal,
    these drugs are planned to be taken to a place which is out of the jurisdiction of
    Ram’s police station.

    On receiving such information, Ram immediately went to the house of Shyam but
    instead of making any search, arrest etc. he conspired with Shyam and ensured that
    his drugs consignment passed through his jurisdiction safely.

    © Addictive Learning Technology Pvt. Ltd. Any unauthorized use, circulation or reproduction shall attract suitable action
    under applicable law.
    The informer had strong evidence regarding the offense and conspiracy between
    Ram and Shyam. He filed a complaint in the court which was accepted and the trial
    was initiated against Ram.

    Ram wants to oppose the decision of the court to take cognizance against him as he
    is a government servant and no sanction was taken from the government to proceed
    against him.

    1. In which matters revision can be filed? Can a revision be filed against an


    interlocutory order?

    2. Order to take cognizance or discharging an accused are treated as final


    orders or interlocutory orders? Can a revision be filed against such orders?

    3. Draft a Revision petition on behalf of Ram requesting the court to set aside
    the decision of the lower court to take cognizance against Ram.

    Reference Material: ​Module 4

    © Addictive Learning Technology Pvt. Ltd. Any unauthorized use, circulation or reproduction shall attract suitable action
    under applicable law.

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