Supreme Court · 2013 INSC 811 · Decided 9 December 2013

Mary Pappa Jebamani v. Ganesan & ORS.

Court
Supreme Court of India
Citation
2013 INSC 811 · [2013] 11 S.C.R. 1042
Case number
CRIMINAL APPEAL No. 2061/2013
Decided
9 December 2013
Bench
G.S. SINGHVI, GYAN SUDHA MISRA (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
IPC Section 294(b), 323; CrPC Section 311

Headnote

Penal Code, 1860 - ss. 294(b) and 323 - Prosecution under - Summary trial - Acquittal by trial court - Conviction C by appellate court - High Court in exercise of its revisional jurisdiction set aside the order of conviction and revived the acquittal order - Held: Since the High Court in exercise the order of first appellate court without assigning any reason, matter remanded to High o Court for consideration afresh. E Cod~ of Criminal Procedure, 1973 - s. 311 - Retrial - Held: Court can direct retrial, where prosecution lacks in bringing hecessary evidence - Facts of the present case

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