Supreme Court of India
Mahendra Pratap Singh v. Sarju Singh & Anr.
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From the headnote
In a revision filed by a private party, the High Court in its powers under s. 439, Code of Criminal Procedure directed the retrial of the appellant, who had been acquitted by the Sessions Judge. In doing so. the High Court, went into the evidence very minutely, questioned every finding of the Sessions Judge, gave its own interpretation of the evidence de novo. HELD: In setting aside an acquittal in a revision and ordering a retrial, there must exist a manifest illegality in the judgment of acquittal or a gross miscarriage of justice.
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