The High Court will not interfere with a conviction and sentence in a criminal revision if the appellate court's judgment is based on a detailed analysis of evidence and documents and is devoid of manifest illegality or impropriety.

(Special Original Jurisdiction)

Revision filed under Section 397 /401 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Crl.R.C. by setting aside the judgment DT: 20.11.2017 in Crl.A.No 44/2015 passed by the Hon'ble Spl.Judge for trail of cases under SCs & STs (POA) Act 1989 Cum ADSJ, Srikakulam, partly confirming the judgment Dt:25.5.2015 of the Hon'ble JM of I Class ( Special Mobile Court), Srkakulam in C.C.No 193/2011 and acquit the Appellants herein and pass

IA NO: 1 OF 2017(CRLRCMP 4971 OF 2017

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim suspension of the Judgment, dt:20.11.2017 passed by the Hon'ble Spl. Judge for trail of cases under SCs & STs (POA) Act 1989 Cum ADSJ, Srikakulam, in Crl.A.No.44/2015, pending disposal of the Crl.Revision, and pass

The Court made the following:

THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA

CRIMINAL REVISION CASE NO: 3061 OF 2017

ORDER:

1. Inspite of the matter is being listed under the caption ‘for dismissal’, none appears on behalf of the petitioners.

2. Instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment dated 20.11.2017, passed by the Special Judge for Trial of cases under SCs & STs(POA) Act, 1989-cum-Additional District & Sessions Judge, Srikakulam, in Crl.A.No.44 of 2015, whereby learned Sessions Judge confirmed and modified the judgment dt.25.05.2015 passed by the Judicial Magistrate of I Class, Special Mobile Court, Srikakulam, in C.C. No.193 of 2011, and reduced the sentence of imprisonment for A.1 to undergo simple imprisonment for a period of one year for the offence under Section 498-A of I.P.C. and also reduced the sentence for A.3 and sentenced to undergo simple imprisonment for a period of six months for the offence under section 4 of Dowry Prohibition Act and sentence of fine imposed by the trial court for the offence under Section 498-A of I.P.C. and section 4 of Dowry Prohibition Act is confirmed.

3. I have perused the order passed by the learned trial court.

4. On careful observation of the findings, it appears that learned Special Judge has reduced the conviction and sentence and sentenced A.1 to undergo simple imprisonment for a period of one year for the offence under Section 498-A of I.P.C. and also reduced the sentence for A.3 and sentenced to undergo simple imprisonment for a period of six months for the offence under section 4 of Dowry Prohibition Act and sentence of fine imposed by the trial court for the offence under Section 498-A of I.P.C. and section 4 of Dowry Prohibition Act by fixing several points for determination. The order of conviction and sentence has also mentioned the evidentiary value of the witnesses in detail and the documents placed by the parties has also been scanned.

5. On a careful perusal of the observation of learned appellate court, it appears that learned Special Judge has specifically decided the grounds of the revision case as mentioned by the petitioners, he has also decided on the point for determination. I find no illegality and impropriety in the order itself.

6. Considering the same, I find no justification to interfere with the order of conviction and sentence passed by the learned appellate court.

7. Under the above observation, the instant criminal revision case is dismissed as devoid of merit. The order of suspension of sentence passed by this Court during pendency of t