SHORT NOTE
ALLAHABAD HIGH COURT
P.P. Gupta, J.
Hanif & Anr. - Petitioners
versus
State of U.P. - Respondent
C.R. No. 490 of 1986
Decided on 21-8-1990

IMPORTANT POINT
It will be congruous to convict one set of the accused on the basis of the same evidence and to acquit the other set.

Headnote:Railway Property (Unlawful Possession) Act 1966 - Section 3 - Trial Court convicted and sentenced the 2 accused - Code of Criminal Procedure, 1973 - Section 374 - Appellate Court dismissed convict's appeal – Section 397/401 - Accused again tried their luck Co-accused acquitted of 'same charge' and on 'same evidence' - Whether revisionists are also entitled to acquittal? (Yes).