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MODEL DRAFT

Ahmed is convicted by a Magistrate for the theft of Mirza's cow At the trial, Ahmed
produced evidence to show that he was the owner of the cow and that at the time he
took her into his possession she was grazing on Government land. The Magistrate did not
believe that Ahmed was the owner and held that when Ahmed seized her, she must be
deemed to be in the possession of Mirza, since it was from Mirza's house the cow has
started to the Government land. Draft Memorandum of Appeal.

IN THE COURT OF THE SESSIONS JUDGE,

Criminal Appeal No 2002

Between:
Ahmed,
S/o Ali.
Aged 40 years,
Occ Agriculturist,
R/o.Visakhapatnam. ………Appellant/ Original Accused

And
Mirza
S/o Syed,
Age 38 years,
Occ Agriculturist
R/o Visakhapatnam. …Respondent /Original Complainant

APPEAL UNDER SECTION 381 OF CRIMINAL PROCEDURE CODE, 1973

The appellant above named most respectfully submits as follows

1. That the Appellant is the owner of the cow. He purchased the cow in 2013 from
Mr. Rajkumar and had receipt, Rahadari Patra from that village to his village.
2. That there has been enmity between the Appellant and Respondent from the last 10 years.
3. That the cow of the appellant stayed from the house of the appellant, and was
grazing in the Government land. The Respondent took away it from there to his
house. The appellant on hearing this rushed to the house of the Respondent, and
forcibly got back against to his house saying that the cow was his. Respondent
approached the police, who kept quiet holding that the appellant was the owner
of the cow.
4. That the Respondent / complainant a private criminal complaint against the
appellant alleging that the complainant was the owner, and the appellant had stolen
the cow from his house. The Judicial First Class Magistrate, Visakhapatnam did not
allow the Appellant to adduce the evidence and he gave the judgment that the
appellant was not the owner of the cow and he had stolen it, and also imposed
punishment for 3 months imprisonment and Rs. 100/- fine.
5. That being aggrieved by the said judgment the appellant herein approaches this
honourable Court by filing the present Appeal on the following grounds:

(a) That the leamed Judicial First Class Magistrate has erred in imposing the punishment
against appellant (Ex-1).

(b) That the learned Judicial First Class Magistrate did not allow appellant to adduce the
evidence on his behalf

(c) That the learned Magistrate did not believe the genuineness of the Rahadari and other
receipts given by the Gram Panchayat, vide Receipt No. 101,110 dated ……… which
show the ownership of the cow that the appellant is the real owner.

(d) That by refusing the appellant to adduce the evidence, the Magistrate had violated the
principles of natural justice
(e) That the judgment and decree passed by the learned Judicial First Class Magistrate is
otherwise also contrary to law against the weight of evidence and against the principles
of justice equity and good conscience

The appellant prays that judgement passed by the learned judicial first class Magistrate in
Criminal case No… may kindly be set aside with costs.

Place… Sd/- XXX


Date: … ADVOCATE FOR APPELLANT

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