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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Sumitra, D/o Rooplal – Appellant
Versus
Ashish, S/o Shrikrishnahari Sharma – Respondent
| Table of Content |
|---|
| 1. overview of the case and procedural history. (Para 1 , 2 , 3) |
| 2. grounds of appeal by the complainant. (Para 4 , 5) |
| 3. discussing maintainability and statutory rights. (Para 6 , 7) |
| 4. court's reflection on appellate jurisdiction and prejudice. (Para 8 , 9 , 10) |
| 5. final decision on the appeal's maintainability. (Para 11) |
| 6. conclusion and order for restoration of previous judgment. (Para 12 , 13 , 14) |
ORDER :
FARJAND ALI, J.
1. The instant criminal revision petition under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 397 Cr.P.C.) has been filed by the accused Sumitra D/o Roopal Jat calling in question the judgment dated 19.12.2025 passed in Criminal Appeal (CIS) No.13/2024 by the Additional Sessions Court, Begu, District Chittorgarh. By the said judgment, the appeal preferred by the complainant was allowed, the conviction and sentence dated 21.03.2024 recorded by the learned ACJM, Rawatbhata in Criminal Case No.328/2021 were set aside, and the matter was remanded for fresh trial with a direction to record prosecution evidence.
2. The background facts, necessary for adjudication of the revision are that the respondent No.1 lodged FIR
The appellate court exceeded its jurisdiction by setting aside a lawful conviction and a probation order without statutory justification, leading to manifest prejudice against the accused.
The appellate court erred by remitting the matter for probation instead of granting it directly, as it had the jurisdiction to do so under the law.
An appellate court cannot confirm a conviction and remand solely for sentencing; it must decide the appeal as a whole, including the question of probation.
The appellate court's decision to grant probation was upheld, emphasizing the consideration of the offenders' circumstances and the nature of the offence in sentencing.
The court may reduce a sentence based on the defendant’s age, duration of trial, and absence of prior convictions, emphasizing that punishment should serve justice without compromising societal harmo....
The court emphasized that revisional jurisdiction should prioritize substantive justice over procedural technicalities, allowing for a liberal approach in condoning delays to prevent miscarriages of ....
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