Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 325

Power of Court of Appeal on appeals

328. At the hearing of the appeal the court may if it considers that there is no sufficient ground for interfering dismiss the appeal or may -
(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made or that the accused be re-tried or committed for trial as the case may be or find him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction-
(i) reverse the verdict and sentence and acquit or discharge the accused or order him to be re-tried by a court of competent jurisdiction or committed for trial, or
(ii) alter the verdict maintaining the sentence, or with or without altering the verdict increase or reduce the amount of the sentence or the nature thereof;
(c) in an appeal from any other order, alter or reverse such order :
Provided always that the sentence awarded on an appeal shall not exceed the sentence which might have been awarded by the court of first instance.


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