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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Purushoth – Appellant
Versus
Jayabal – Respondent
ORDER :
1. This Criminal Revision Case has been filed by the petitioners/A1 to A3 seeking to set aside the judgment dated 07.06.2022 made in C.A. No. 91 of 2018 on the file of the II Additional District and Sessions Court, Tindivanam and acquit them.
2. The contention of the learned counsel for petitioners is that in this case the first respondent/de-facto complainant lodged a complaint to the Sub Inspector of Police, Gingee Police Station/second respondent and a case in Crime No.234 of 2015 registered for offences under Sections 294(b) of I.P.C. r/w Section 4 of Tamil Nadu Women Harassment Act and Sections 448, 323, 352 and 506(ii) of I.P.C. On completion of investigation, charge sheet filed and the same was taken on file in C.C.No.94 of 2017. During trial, on the side of prosecution, PW1 to PW11 examined and Exs.P1 to P7 marked. On the side of accused, no witnesses examined and no documents marked. On conclusion of the trial, the trial Court acquitted the accused/A1 to A4, against which, the respondent filed an appeal in C.A. No. 91 of 2018 before the learned II Additional Sessions Judge, Tindivanam. The Sessions Judge, by judgment dated 19.08.2019, confirmed the acquittal and dism
The High Court erred in remitting a case to the Lower Appellate Court instead of the trial Court, violating Section 401(3) of Cr.P.C., which prohibits converting acquittal into conviction.
(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 ....
The judgment emphasized the limitations of revisionary powers of the High Court under Section 401 of the Cr.P.C. and the prohibition on converting a finding of acquittal into one of conviction under ....
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....
The High Court's revisional jurisdiction is limited; it cannot convert an acquittal into a conviction without manifest illegality or miscarriage of justice.
The court affirmed that minor discrepancies in evidence do not invalidate a conviction under Section 498-A IPC, emphasizing the limited scope of revisional jurisdiction.
The victim's right to file an appeal against the judgment of acquittal and the limited scope of interference in revisional jurisdiction against judgment of acquittal.
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