The following are the points of difference between an appellate jurisdiction and revisional jurisdiction of a High Court:
(i) Appeal is a statutory right given to the appellant which he can demand from the court either on a question of fact or on a question of law or upon both. In revision the applicant has no statutory right beyond inviting the attention of the Court. The Court has discretion to exercise its revisional power or not.
ADVERTISEMENTS:
(ii) In appeal the High Court decides both on questions of law and fact. In revision it only decides or adjudicates on a question of law; but it may, for the ends of justice, enter into questions of fact.
(iii) In appeal save in an appeal for the enhancement of sentence, the High Court cannot enhance the sentence, but in revision it can.
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(iv) In appeal the High Court can convert an acquittal into conviction and vice versa, but in revision it cannot convert a finding of acquittal into one of conviction.
(v) The power of a High Court in appeal is not as wide as that in revision. In exercising its revisional jurisdiction the High Court may even cause any irregularity or illegality but that is not so in an appeal.
ADVERTISEMENTS:
(vi) In disposing of criminal appeal the Court will interfere unless it is satisfied as to the guilt of the accused, while in revision the High Court will not interfere unless the conscience of the Court is aroused to such an extent as to compel it to say expressly that the applicant ought not to have been convicted on the evidence.
(vii) The High Court cannot dismiss an appeal without affording the appellant or his pleader a reasonable opportunity of being heard. But in revision the High Court is not bound to hear the applicant or his pleader save while enhancing any sentence the accused shall be heard as of right.
(viii) In appeal the High Court cannot direct the tender of pardon, but it can do so in the exercise of its revisional jurisdiction.