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may 1951

Supreme Court of India · 1951-05-24

LOGENDRANATH JHA & OTHERS vs SHRI POLAILAL BISWAS.

Citation / case number
SC 1951/83
Court
Supreme Court of India
Petitioner
LOGENDRANATH JHA & OTHERS
Respondent
SHRI POLAILAL BISWAS.
Bench
SASTRI, M. PATANJALI

Judgment text excerpt

The Supreme Court held that under Section 439(4) of the Criminal Procedure Code, the High Court lacks the authority to convert an acquittal into a conviction. The Court clarified that while the High Court can exercise powers of appeal, it cannot re-evaluate evidence to reverse factual findings unless there is a legal error. The Court ultimately set aside the High Court's order for retrial, emphasizing the limitations on revising acquittals without legal grounds.

LOGENDRANATH JHA & OTHERS vs SHRI POLAILAL BISWAS. · Niyam