Dear client,
As per Section 375(b) of the Code of Criminal Procedure, an accused who pleads guilty and is convicted by a Court of Session, Metropolitan Magistrate, or Magistrate of the first or second class can appeal to the High Court only as to the extent or legality of the sentence. The appeal is not available to challenge the conviction itself.
If the High Court rejects the appeal or does not give a favorable decision on the extent or legality of the sentence, the accused may file a Special Leave Petition (SLP) in the Supreme Court of India within 90 days of the High Court's decision. However, the Supreme Court has the discretion to accept or reject the SLP.
If the accused wishes to file an appeal on the ground of illegality in conviction or sentence, then they would have to file an appeal to the High Court under Section 374 of the Code of Criminal Procedure, and then if the High Court rejects the appeal or does not give a favorable decision, the accused may file an SLP in the Supreme Court within 90 days of the High Court's decision.
In summary, an accused who pleads guilty and is convicted by a Court of Session, Metropolitan Magistrate, or Magistrate of the first or second class can only appeal to the High Court on the ground of the extent or legality of the sentence. If the High Court rejects the appeal or does not give a favorable decision, the accused may file an SLP in the Supreme Court within 90 days of the High Court's decision. However, if the accused wants to challenge the conviction itself, then they would have to file an appeal under Section 374 to the High Court first.