FARJAND ALI
Ladha Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. By way of filing the instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. a challenge was made to the judgment dated 05.02.2014 passed by learned Additional District and Session Judge, Bhinmal, District Jalore (for short, 'learned appellate court') in Criminal Appeal No.22/2013 which was partly allowed and was filed against the judgment dated 28.05.2013 passed by learned Judicial Magistrate, Sanchor, District Jalore (for short, 'learned trial court') in Criminal Original Case No.224/2000 whereby the petitioner was acquitted from the offence under Section 19/54 of the Rajasthan Excise Act and Section 3 of Prevention of Damages to Public Property Act, 1984.
2. The brief facts of the case are that a criminal prosecution was launched against the petitioner for accusation of committing an offence under Section 19/54 of the Rajasthan Excise Act and Section 3 of Prevention of Damages to Public Property Act, 1984. After a rigorous trial and waiting for long 13 years, vide judgment dated 28.05.2013, the learned trial court did not found the case proved against the petitioner and thus, he was acquitted from the charges by giving benefit of doubt. The said
The appellate court cannot remand a case without valid grounds when the trial court's acquittal is not shown to be perverse or unsupported by evidence.
The main legal point established in the judgment is the importance of properly examining the accused under Section 313 of the CrPC to allow them to explain any circumstances appearing in the evidence....
The judgment emphasized that the trial cannot be split and highlighted the interpretation and application of section 311 of the Criminal Procedure Code.
Once an appeal against acquittal is dismissed on merits, a subsequent revision against the same judgment cannot be entertained.
Criminal Revision - Scope of criminal revision is very limited.
(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 ....
Appeal against acquittal – State Appeal – Public Prosecutor without leave granted by High Court cannot file a revision petition and get over the provisions of S. 378(1)(b) and 378(3) Cr.P.C.
The right to appeal granted to victims is prospective and applies only to judgments issued on or after December 31, 2009; earlier judgments can only be challenged through revisions.
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