Lack Of Boundaries In Sale Deed Not Fatal To Title If Plot Number & Parent Title Are Sufficiently Identifiable: Calcutta High Court Terror Perception Of Underworld Justifies Delay In Invoking MCOCA; Purely Civil Disputes Can Metamorphose Into Criminal Offence: Bombay High Court Identical Wills Executed By Spouses On Same Day Not Necessarily 'Mutual Wills' Restricting Power Of Alienation: Delhi High Court Written Notice Not Mandatory For Revoking Permission Under Section 41 Presidency Small Cause Courts Act: Gujarat High Court Wife Cannot Maintain Complaint Against Husband Under Senior Citizens Act; Not Intended For Spousal Disputes: Karnataka High Court Mere Presence At Scene Or Facilitation Without Intent To Aid Crime Does Not Amount To Abetment: Delhi High Court Offences Under IT Act Punishable With 3 Years Imprisonment Are Bailable Under Section 77B: Kerala High Court Grants Pre-Arrest Bail In KCA Data Theft Case Premature Release Can't Be Denied Citing Section 435 CrPC If Sentence Under Central Act Is Already Served: Madras High Court Suppression Of Higher Qualification To Secure Job Reserved For Lower Education Is Foundational Fraud, Sympathy Has No Role: Supreme Court MBBS Admissions | Candidate Using NIOS Marks To Meet 50% Eligibility Cannot Claim State Govt School Quota: Orissa High Court High Court Cannot Exercise Article 227 Power To Strike Off Plaint When Remedy Under Order VII Rule 11 CPC Exists: Madras High Court Section 69 IEA | Onus On Propounder To Lead Secondary Evidence & Remove Suspicious Circumstances If Attesting Witnesses Are Dead: Telangana High Court

No revision can be entertained against the order of acquittal -SC

07 May 2024 8:19 AM

By: Admin


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.

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. 

D.D- JANUARY 25, 2022.

Joseph Stephen and others Versus Santhanasamy and others 

Latest Legal News