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november 1967

Supreme Court of India · 1967-11-20

MAHENDRA PRATAP SINGH vs SARJU SINGH & ANR.

Citation / case number
SC 1965/168
Court
Supreme Court of India
Petitioner
MAHENDRA PRATAP SINGH
Respondent
SARJU SINGH & ANR.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that under Section 439 of the Code of Criminal Procedure, the High Court can only interfere with an acquittal if there is a manifest illegality or gross miscarriage of justice. The Court emphasized that the High Court must not re-evaluate evidence de novo but should identify glaring procedural defects in the lower court's judgment. The appeal was allowed, and the High Court's order for retrial was set aside, reaffirming the principles governing revisions against acquittals.

MAHENDRA PRATAP SINGH vs SARJU SINGH & ANR. · Niyam