Supreme Court · 2013 INSC 762 · Decided 19 November 2013
Ganesha v. Sharanappa & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 762 · [2013] 12 S.C.R. 400
- Case number
- CRIMINAL APPEAL No. 1948/2013
- Decided
- 19 November 2013
- Bench
- C.K. PRASAD, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 324; CrPC Section 401(3)
Headnote
Code of Criminal Procedure, 1973: s.401(3) rlw s.386(a) - Revisional power of High Court­ Explained - High Court converting the acquittal into conviction - Held: High Court while exercising the powers of revision can exercise all those powers which have been conferred on the court of appeal s. 401, while exercising such power, High Court cannot convert a finding of acquittal into one of conviction - In the instant case, High Court rightly c.2me to the conclusion that it is one of the exceptional cases as the finding of acquittal is on a total misreading and peNerse appreciation of
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