Criminal Procedure Code · s 438E

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s 438EWhere appeal allowed

(1)

This section applies where on an appeal by the Public

Prosecutor against an acquittal after trial on two or more charges, the Court of Appeal allows the appeal in respect of one or some of the charges only.

(2)

The Court of Appeal may in respect of any charge on which the respondent remains convicted pass such sentence, in substitution for any sentence passed thereon at the trial, as it thinks proper and which is authorised by law for the offence of which he remains convicted on that charge (whether the sentence so substituted is more or less severe).