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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Rajendra Prasad S/o Shri Tiharuram – Appellant
Versus
State Of Chhattisgarh Through The District Magistrate Jashpur, Distt. Jashpur (C.G.) – Respondent
Order :
(Arvind Kumar Verma, J.)
1. This revision is directed against the impugned judgment dated 19.01.2022 passed in Criminal Appeal No. 03/2020 by the learned Additional Session Judge Patthalgaon, District Jashpur (C.G.), arising out of the order dated 17.10.2018 in Criminal Case No. 357/2012 passed by the learned Judicial Magistrate First Class Patthalgaon, District Jashpur (C.G.) whereby the applicants were prosecuted for the offences punishable under section 420, 467, 468, 471/34 of IPC registered at Police Station Patthalgaon, Distt.- Jashpur (C.G.) in connection with Crime No. 67/2012, and after trial they were acquitted from the charges after due process of trial. Thereafter, the acquittal order of the applicants was challenged by the respondent No. 1 by filling the appeal under section 378 of Cr.P.C. before the court of Session and the learned First Additional Session Judge allowed the appeal remanded the case for retrial by passing the impugned order.
2. Facts of the present case are that complainant R. P. Kripal Tahsildar made a report on 10.04.2012 against the applicants with the averment that a land of Khasra No. 564/3, 564/4, 564/5 area 0.728, 0.525 and 0.761 Hectare wa
Retrials in criminal cases should only occur in exceptional circumstances to prevent miscarriage of justice, not to remedy prosecution deficiencies.
The appellate court may remand a case for retrial if the trial court fails to consider vital evidence, ensuring justice is served.
The accused's right to fair and speedy trial and the prosecution's responsibility to secure witnesses.
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....
An appellate court must adhere to statutory provisions when ordering a retrial or remand; failure to comply renders the remand illegal.
The main legal point established in the judgment is the requirement for exceptional cases to interfere with an order of acquittal, the prohibition on converting a finding of acquittal into one of con....
An acquittal by lower courts can only be overturned if there is a demonstrable failure of justice, and concurrent findings of fact must be respected unless proven otherwise.
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