HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. Y. LAKSHMANA RAO, J
S. Jyothi, W/o. Sathish Chakravarthi – Appellant
Versus
S. Sathish Chakravarthi, S/o. Damodaram – Respondent
ORDER :
(Y. LAKSHMANA RAO, J.)
The Revision was filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C .,’) for acquitting the Revisionist for the alleged offence under Sections 498-A , 323 , 342 read with 34 of the Indian Penal Code, 1860 (for short ‘the I.P.C.,’) by the learned Additional Judicial Magistrate of First Class, Srikalahasti in C.C.No.94 of 2005 vide judgment dated 08.12.2009.
2. Sri Challa Srinivasa Reddy, the learned Counsel for the Revisionist while reiterating the grounds of the Revision, argued that even though the prosecution could prove the guilt of the Respondent Nos.1 & 2, being A1 and A2, before the learned Magistrate, beyond all reasonable doubt, the learned Magistrate did not believe the version of the prosecution and acquit them.
3. The learned Counsel for the Revisionist further argued that P.Ws.1 & 2 had supported the case of the prosecution. P.W.1 was harassed by Respondent No.1 by maintaining illegal intimacy with one woman, who was working in his office and he got illegal contact with some other woman; Respondent No.1 indiscriminately had beat on P.W.1 and locked the door from outside by keeping P.W.1 inside; Re
The High Court's revisional jurisdiction is limited; it cannot convert an acquittal into a conviction without manifest illegality or miscarriage of justice.
Petitioner acquitted of charges under Section 498A IPC due to insufficient evidence of cruelty, demonstrating the High Court's role in correcting procedural misjudgments.
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
Criminal Revision - Scope of criminal revision is very limited.
The victim's right to file an appeal against the judgment of acquittal and the limited scope of interference in revisional jurisdiction against judgment of acquittal.
The revisional jurisdiction of the High Court is extremely narrow and can only be exercised in exceptional cases where there is a manifest error of law or procedure, and the High Court cannot convert....
Once an appeal against acquittal is dismissed on merits, a subsequent revision against the same judgment cannot be entertained.
The court affirmed that minor discrepancies in evidence do not invalidate a conviction under Section 498-A IPC, emphasizing the limited scope of revisional jurisdiction.
In appeals against acquittal, courts must respect the presumption of innocence and should only interfere if the trial's conclusions are shown to be perverse or based on erroneous appreciation of evid....
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