The Calcutta Weekly Notes February 14 1949

In a it case the Judge of the High Court who tried the case may grant a certificate enabling the convicted person to appeal against the conviction on a ground which involves a matter of fact only or a matter of mixed law and fact. [...] Even when the trial Court grants no such certificate the Appellant may with the leave of the Apellate Court argue on facts and may also urge any other ground which appears to the Appellate Court to be a sufficient ground of appeal. [...] Any lawyer practising on the criminal side should tell you at once that a jury's verdict is not infrequently unwarranted by the facts and the circumstances of the case especially when the charge relates to an offence of dacoity or of rape. [...] 411A to grant leave to the Appellant to argue on grounds other than a ground which in volves a matter of law drily even when the Judge presiding over the High Court Sessions declines or omits to give the necessary certificate what is the point in not conferring on an Appelate Court similar powers while it decides 4n appeal against an order of Gonyidion passed by a Sessions Judge outside the l [...] The legislature has provided for an apeal on facts from the decisions of ordnary and special Magistrates from the decisions of Sessions Judges (when a case is tried with the aid of assessors) and also from the decisions of special tribunals coposed of Judges recruited from the judicial service or from the Bar.