K. CHINNASWAMY REDDY vs STATE OF ANDHRA PRADESH

The Supreme Court held that the High Court has the power under Section 439 of the Code of Criminal Procedure, 1898 to set aside an order of acquittal, even at the instance of a private party, but this power should be exercised only in exceptional cases where there is a glaring defect in procedure or a manifest error of law. The Court clarified that the entire statements made by the accused during police investigation are admissible under Section 27 of the Indian Evidence Act, 1872, and the Sessions Judge erred in ruling out parts of these statements. The Court upheld the High Court's decision to set aside the acquittal and direct a retrial, emphasizing the need for proper judicial scrutiny in such cases.