IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Bal Manohar Jalan, Son of Late Hiralal Jalan – Appellant
Versus
State of Bihar – Respondent
ORDER :
JITENDRA KUMAR, J.
1. The present Criminal Revision Petition has been preferred by the Petitioner against the impugned judgment dated 15.07.2019 and order of sentence dated 15.07.2019 passed by learned Court of Sessions Judge, Patna in Criminal Appeal No. 277 of 2011, whereby in pursuance of the Criminal Complaint bearing Complaint Case No.1375(C) of 2000 corresponding to Trial No.1243 of 2010, learned Court of Judicial Magistrate 1st Class, Patna had found four accused persons including the Petitioner guilty under Section 323 and 384 of the Indian Penal Code and all the convicts were sentenced to R.I. for one year and to pay a fine of Rs.500/- Under IPC and R.I. for three years and fine of Rs. 1,000/- under Section 384 . However, in the Criminal Appeal filed by four convicts including the Petitioner, the other three convicts were acquitted of all the charges but the conviction of the Petitioner, Bal Manohar Jalan was part set aside and part upheld. The Petitioner was acquitted of charge under , but he was found guilty under and even sentence under was modified by giving benefit by releasing him on probation under the Probation of Offenders Act and with direction to t
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Conviction cannot be sustained when relying on unexhibited evidence and procedural discrepancies, compromising fair trial rights.
The revisional court's role is to ensure legality and propriety of lower court findings without re-evaluating evidence, modifying sentences only for propriety.
Inconsistencies in the evidence and failure to properly appreciate the material on record can lead to a manifest error of law, resulting in the acquittal of the accused.
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....
Revisional jurisdiction is supervisory and limited; it cannot reappraise evidence unless clear miscarriage of justice is shown.
The prosecution must prove its case beyond reasonable doubt; contradictions in witness statements undermine conviction.
Credibility of evidence in criminal proceedings necessitates corroboration; a victim's uncorroborated testimony does not suffice for conviction.
Revisional jurisdiction should be exercised cautiously, limiting interference to exceptional cases only where manifest injustice or procedural errors exist, emphasizing the importance of the trial co....
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