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THE HIGH COURT OF SIKKIM : GANGTOK
JUDGMENT :
Bhaskar Raj Pradhan, J.
1. The present revision petition seeks to challenge the impugned judgment dated 12.12.2024 passed by the learned Sessions Judge, Gangtok in Criminal Appeal No. 17 of 2024 (Bidhan Trikhatri & Ors. vs. State of Sikkim) dismissing the appeal of the revisionists.
2. Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) which is in pari materia to section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C.) contemplates the power of revision solely for the purpose of satisfying itself or himself as to the “correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court ..... .” Therefore, the ambit and scope of the power of revision is not only clear from the provision itself but well explained in numerous judgments rendered by the constitutional courts. One such judgment as cited by Mr. Kazi Sangay Thupden, learned counsel for the revisionists is taken into consideration.
3. In Kishan Rao vs Shankargouda , (2018) 8 SCC 165 the Supreme Court considered two of its previous judgments which examined the scope of section 397/401 Cr.P.C. and the ground fo
Revisional jurisdiction does not equate to appellate powers; courts may not overturn concurrent findings unless a clear miscarriage of justice is shown.
Possession of stolen property shortly after theft creates a presumption of guilt, requiring the accused to explain such possession.
The public prosecutor must independently assess the legitimacy of withdrawal from prosecution under Section 321 Cr.P.C, ensuring it serves public justice.
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
Revisional jurisdiction is supervisory and limited; it cannot reappraise evidence unless clear miscarriage of justice is shown.
The court established that unexplained delays in lodging FIRs and contradictions in witness testimonies can undermine the prosecution's case, necessitating careful judicial scrutiny.
In sexual assault cases, the evidence of the victim must be credible, and sentences for related offences must comply with Section 71 IPC to avoid dual punishment.
Point of law : Applications under Section 156(3) Cr.P.C. are now coming in torrent and thus exercise of the powers under Section 156(3) Cr.P.C. should be used sparingly and not in routine manner.
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