349. Upon the hearing of an appeal from a judgment of a District Court or a Magistrate's Court in a criminal case or matter, the Supreme Court may dismiss the appeal if it considers that there is no sufficient ground for interfering, or may-
| (1) in an appeal from an order of acquittal, reverse such order and direct that the accused be retried or find him guilty and pass sentence on him according to law; |
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| (2) in an appeal from a conviction,-
| | (a) 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 | | |
| | (b) 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; | | |
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| (3) in an appeal from any other order, alter or reverse such order: |
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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. |
Sri Lanka Consolidated Acts