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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