Case Note & Summary
The case involved an appeal by the State of Andhra Pradesh against the acquittal of Thadi Narayana for charges under sections 302 and 392 of the Indian Penal Code, while she was convicted under section 411. The Sessions Court had acquitted her of the murder and robbery charges due to insufficient evidence but convicted her for possession of stolen property. The accused appealed against her conviction, and the High Court, without the State appealing against the acquittal, set aside the conviction and ordered a retrial on the original charges. The Supreme Court examined the jurisdiction of the High Court under section 423(1)(b) of the Code of Criminal Procedure, 1898, and concluded that the High Court lacked the authority to set aside the acquittal while dealing with an appeal against conviction. The Court emphasized that the powers under section 423(1)(b) are limited to the conviction and sentence, and an acquittal cannot be challenged indirectly. The Supreme Court ultimately allowed the appeal, setting aside the High Court's order for retrial and affirming the acquittal (Paras 1-2).
Headnote
A) Criminal Procedure - Powers of Appellate Court - Jurisdiction to Set Aside Acquittal - Code of Criminal Procedure, 1898, Section 423(1)(b) - The High Court cannot set aside an acquittal while hearing an appeal against conviction as its powers are confined to the conviction and sentence. The order of acquittal becomes final if not challenged, and cannot be indirectly challenged in an appeal against conviction. Held that the High Court acted without jurisdiction in ordering retrial on charges for which the accused had been acquitted (Paras 1-2).
Issue of Consideration
Whether the High Court had jurisdiction to set aside an acquittal while dealing with an appeal against conviction.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order for retrial, and affirmed the acquittal of the respondent.
Law Points
- Powers of appellate court
- jurisdiction of High Court
- acquittal and conviction
- retrial
- Code of Criminal Procedure
- 1898
