Supreme Court · 2022 INSC 96 · Decided 25 January 2022
Joseph Stephen and Others v. Santhanasamy and Others
- Court
- Supreme Court of India
- Citation
- 2022 INSC 96 · [2022] 8 S.C.R. 182
- Case number
- CRIMINAL APPEAL No. 90/2022
- Decided
- 25 January 2022
- Bench
- M.R. SHAH, SANJIV KHANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 401, 401(5), 372, 378
Headnote
Code of Criminal Procedure, 1973: s.401 - Whether in exercise of revisional jurisdiction under s.401, High Court can convert a finding of acquittal into one of conviction and what is the procedure to be followed by the High Court - Held: the High Court to convert a finding of acquittal into one of conviction - Though the High Court has revisional power to examine whether there is manifest error of law or procedure etc., however, after giving its own findings, on the findings recorded by the court acquitting the
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