No revision can be entertained against the order of acquittal -SC
D.D- JANUARY 25, 2022.
Supreme Court observed in the latest judgement (Joseph Stephen vs Santhanasamy D.D 25th Jan 2022 ) that if the High Court is satisfied that such revision application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do , while treat the revision application as a petition of appeal, the High Court is required to pass a judicial order.
Accused charged and tried for the offences punishable under Sections 147, 148, 324, 326, 307, 506(ii) r/w section 149 IPC – CJM convicted the accused under the aforesaid offences except Sections 307 and 506(ii) IPC – accused preferred Criminal Appeal to first appellate court – victims preferred appeal against acquittal under Sections 307 and 506(ii) IPC – first appellate Court allowed the appeal preferred by the accused while dismissed appeal of victims/respondents – aggrieved – preferred criminal revision application – High Court restored the judgment and order of conviction passed by the trial Court – aggrieved accused preferred appeal to Supreme court.
Following three Questions arise and replied by the Apex court
Firstly, Is it justified for the High Court to set aside the acquittal order and convict the accused by converting the acquittal finding into a conviction?
Replied by the Apex court in negate and held if the order of acquittal has been passed by the trial Court, the High Court may remit the matter to the trial Court and even direct retrial. The order of conviction by the High Court, while exercising the revisional jurisdiction is unsustainable.
Second In a case where the victim has a right of appeal against the order of acquittal and has not preferred the appeal, whether the revision application is required to be entertained instead of preferring an appeal?
Replied : A victim has a statutory right of appeal against the order of acquittal. Therefore, no revision shall be entertained at the instance of the victim against the order of acquittal in a case where no appeal is preferred.
Third : While exercising the powers under sub-section (5) of Section 401 Cr.P.C. treating the revision application as petition of appeal and deal with the same accordingly, the High Court is required to pass a judicial order?
Replied : if the High Court is satisfied that such revision application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do , while treat the revision application as a petition of appeal, the High Court is required to pass a judicial order.
Apex court held that remit the matter to the High Court to treat the revision applications as petition of appeals under Section 372 Cr.P.C. and to decide the same in accordance with law and on their own merits.
Joseph Stephen and others
Versus
Santhanasamy and others
