Friday, August 23, 2013
SC illustrated Cases in which High Court can interfere with acquittal in revision
In the case of Akalu Ahir v/s Ramdeo Ram (supra), The Hon'ble Apex Court, however, by way of illustration, indicated the following categories of cases which would justify the High Court in interfering with a finding of acquittal in revision: (i) Where the trial court has no jurisdiction to try the case, but has still acquitted the accused; (ii) Where the trial court has wrongly shut out evidence which the prosecution wished to produce; (iii) Where the appellate court has wrongly held the evidence which was admitted by the trial court to be inadmissible; (iv) Where the material evidence has been overlooked only (either) by the trial court or by the appellate court; and (v) Where the acquittal is based on the compounding of the offence which is invalid under the law. These categories were, however, merely illustrative and it was clarified that other cases of similar nature can also be properly held to be of exceptional nature where the High Court can justifiably interfere with the order of acquittal The aforesaid illustrative observation is made by the Hon'ble Supreme Court recently on 19th August 2013 while allowing CRIMINAL APPEAL NO.462 OF 2008, lodged by accused Venkatesan.
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