Acquittal by subordinate court cannot be converted into conviction by High Court : Allahabad High Court

Allahabad_high_court

The Lucknow Bench of the Allahabad High Court has observed that a finding of acquittal recorded by the subordinate court cannot be converted into conviction by High Court in the exercise of revisional jurisdiction under section 401 (3) CrPC.

A Single Bench of Justice Saurabh Lavania passed this order while hearing a Criminal Revision filed by Ambika Singh.

The revision alongwith application for condonation of delay in filing the revision has been filed against the judgment and order dated 29.01.2009 passed by the District and Sessions Judge, Faizabad.

As per case of prosecution some altercation took place on 16.04.2003 between the revisionist-Ambika (First informant) and Raj Kumar Singh at Sugarcane Weighing Centre, Mayo Bazar, Village Viyulpur and in regard to this incident an FIR was lodged under Section 504/506 IPC and Section 7 Criminal Law (Amendment) Act, Police Station Maharajganj, District Faizabad and after investigation charge-sheet was filed. Upon denial the accused was put to trial. In the trial prosecution examined four witnesses.

The Court noted that the trial court convicted the private opposite party-Raj Kumar Singh vide judgment and order dated 30.09.2008 and thereafter the private opposite party- Rajkumar Singh preferred the appeal being aggrieved by the judgment and order dated 30.09.2008 passed by the Judicial Magistrate-III, in Criminal Case under Sections 504/506(2) IPC and Section 7 Criminal Law (Amendment) Act, Police Station Maharajganj, District Faizabad and vide judgment under revision dated 29.01.2009, the appellate court acquitted the private opposite party- Raj Kumar Singh.

The Court said that the scope of criminal revision is very limited as observed by the Apex Court in the catena of judgments. Revisional Jurisdiction can be invoked where the decision under challenge is grossly erroneous, there is no compliance with the provisions of law, the finding recorded is based on no evidence, material evidence is ignored or judicial discretion is exercised arbitrarily or perversely. Another well accepted norm is that the revisional jurisdiction of the higher court is a very limited one and cannot be exercised in a routine manner. The revisional court has simply to confine to the legality and propriety of the findings and as to whether the subordinate court acted within its jurisdiction.

The Court further said that, a revisional court has no jurisdiction to set aside the findings of facts recorded by the Magistrate and impose and substitute its own findings. Sections 397 to 401 CrPC confer only limited power on revisional court to the extent of satisfying the legality, propriety or regularlity of the proceedings or orders of the lower court and not to act like appellate court for other purposes including the recording of new findings of fact on fresh appraisal of evidence. The High Court in its revisional powers could not have interfered with the findings of facts recorded by the lower court only because the High Court could have arrived at a different or another conclusion. Findings of acquittal recorded by subordinate court cannot be converted into conviction by High Court in exercise of revisional jurisdiction u/s 401 (3) CrPC.

In view of settled principles, the Court considered the judgment and order under revision with the assistance of Diwaker Singh, AGA.

On due consideration the Court found that the appellate court after due consideration of the statement of informant namely Ambika Singh(revisionist) as also the statement of his son Sheo Kumar Singh, who appeared before the trial court and stated that incident took place at Sugarcane Weighing Centre, between him and private opposite party Raj Kumar Singh and not between the private opposite party Raj Kumar Singh and the informant passed the judgment of acquittal.

“The Court also considered the fact that Suresh alias Ramakant Upadhyay and Ram Bahadur Singh respective, who are the witnesses of fact, did not support the story of the prosecution.

The Court is of the view that the findings of the appellate court is not perverse as the same are basically based on the statement of Sheo Kumar, who is son of injured- informant Ambika Singh”, the Court observed while dismissing the petition.

The post Acquittal by subordinate court cannot be converted into conviction by High Court : Allahabad High Court appeared first on India Legal.



from India Legal https://ift.tt/I6OPz8q

Popular posts from this blog

What Is Solana: A Description, Use Cases, Prospects

Most traders focus on well-known cryptos only, like BTC or Ether. However, today, there are many other blockchain networks that are worth considering. And some of them, for example, Solana, even have ambitions to force current leaders out. Thus, we offer you to get acquainted with this coin without a delay. Solana (SOL) is one of the blockchain platforms created for performing transactions at a high speed and at a cheap price similar to other networks of this kind. Likewise, it can be utilized for trading, paying for diversified goods and services, performing smart contracts, creating NFTs, accessing decentralized financial opportunities, for example, loans, etc. Yet, when one asks the question “ What is Solana? ”, one usually wants to find out if it is worth buying, in the first place. Thus, we must note right away that this network outcompetes other popular platforms both in terms of speed and in terms of costs. To be more precise, it can process 13 deals per second, while Bitcoin ...
Read more

FX Options Trading: Best Online Brokers

Never used options on Forex? Looks like you missed lots of profitable deals. Be sure to learn more about this method and decide whether it suits you. Start by reading our short review for beginners. In the end, we will give you a list of companies that offer the best terms for such trades. Let us start with a short theory about this trading method. In practice, an option is a contract that allows a trader to buy or sell a certain currency at a chosen price and on a chosen date.  FX options trading  is based on forecasts. For example, if a potential buyer believes that the price of a certain currency will grow in the future, he can reserve the right to buy it at a lower price. For this opportunity, one must pay a commission (or a premium). Another crucial point is that executing such deals is optional. When the date agreed comes, one can decide whether it is worth buying or selling the currency chosen. Also Read: Interactive Brokers Fees: An Overview for Potential Users And...
Read more

Crypto Trading Bot: Should You Try It and Which One to Choose

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the mark...
Read more