Case Note & Summary
The applicants, Sudhakar s/o Baburao Biradar and Vaishali w/o Shivprasad Biradar, were original accused in Crime No. 214/2006 registered at Udgir Police Station (Rural) for offences under Sections 406, 409, 420, 467, 468, 471 read with Section 34 of the Indian Penal Code. After charge-sheet, R.C.C. No. 731 of 2007 was registered before the Chief Judicial Magistrate, Latur. Charges were framed, and the accused pleaded not guilty. The prosecution was given several opportunities to examine witnesses but failed to do so, leading the Magistrate to close the prosecution case and acquit the accused on 02.08.2013. The State appealed to the Sessions Court at Latur in Criminal Appeal No. 97 of 2013. The Sessions Judge, on 13.01.2015, set aside the acquittal and remanded the matter for retrial, observing that the acquittal for want of evidence was incorrect and that the Magistrate should have ensured witnesses were present. The accused then filed the present criminal revision before the High Court. The High Court examined the legality of the remand order. It held that the Sessions Court, while hearing an appeal against acquittal, could not have remanded the matter for retrial without recording a finding that the acquittal was perverse or that the trial was not fair. The prosecution's failure to examine witnesses despite opportunities was not a ground for remand. The High Court allowed the revision, set aside the Sessions Court's order, and restored the trial court's acquittal.
Headnote
A) Criminal Procedure Code - Revision - Section 397, 401 CrPC - Scope of Revision - The High Court in revision can examine the legality and propriety of the order passed by the Sessions Court. The order of remand passed by the Sessions Court was found to be without jurisdiction as the appellate court could not have remanded the matter for retrial in an appeal against acquittal without recording a finding that the acquittal was perverse or that the trial was not fair. (Paras 5-10) B) Criminal Procedure Code - Appeal against acquittal - Section 378 CrPC - Power of Appellate Court - The Sessions Court while hearing an appeal against acquittal could not have remanded the matter for retrial merely because the prosecution failed to examine witnesses. The appellate court ought to have decided the appeal on merits or remanded only if the trial was vitiated. The order of remand was set aside. (Paras 5-10) C) Criminal Procedure Code - Acquittal for want of evidence - Validity - The trial court acquitted the accused as the prosecution failed to lead evidence despite several opportunities. Such acquittal is valid and cannot be set aside lightly. The Sessions Court erred in observing that the trial court should have kept witnesses present. (Paras 3-4)
Issue of Consideration
Whether the Sessions Court was justified in setting aside the acquittal and remanding the matter for retrial when the prosecution failed to examine witnesses despite opportunities, and whether such an order is sustainable in law.
Final Decision
The High Court allowed the criminal revision, set aside the order of the Sessions Court dated 13.01.2015 in Criminal Appeal No. 97 of 2013, and restored the judgment of acquittal passed by the Chief Judicial Magistrate, Latur dated 02.08.2013.
Law Points
- Criminal Procedure Code
- 1973
- Section 397
- Section 401
- Section 378
- Indian Penal Code
- 1860
- Sections 406
- 409
- 420
- 467
- 468
- 471
- Section 34
- acquittal for want of evidence
- remand for retrial
- power of appellate court
- scope of revision
