Criminal Procedure Code 169 Decision on appeal 316. At the hearing of the appeal the Judge may, if he considers there is no sufficient ground for interfering, dismiss the appeal, or may— (a) in an appeal from an order of acquittal, reverse the order, and direct that further inquiry be made, or that the accused be retried, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction or in an appeal as to sentence— (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be retried; or (ii) alter the finding, maintaining the sentence, or with or without altering the finding reduce or enhance the sentence or alter the nature of the sentence; (c) in an appeal from any other order, alter or reverse such order. Order to take further evidence 317. (1) In dealing with any appeal under this Chapter a Judge, if he thinks additional evidence to be necessary, may either take such evidence himself or direct it to be taken by a Magistrate. (2) When the additional evidence is taken by a Magistrate he shall certify that evidence to the High Court who shall then, as soon as may be, proceed to dispose of the appeal. (3) Unless the Judge otherwise directs, the accused or his advocate shall be present when the additional evidence is taken. (4) The taking of evidence under this section shall, for the purposes of Chapter XXV, be deemed to be an inquiry.