Supreme Court of India · 1973-04-03
CHAGANTI KOTAIAH & ORS. vs GOGINENI VENKATESHWARA RAO & ANR.
- Citation / case number
- SC 1970/60241
- Court
- Supreme Court of India
- Petitioner
- CHAGANTI KOTAIAH & ORS.
- Respondent
- GOGINENI VENKATESHWARA RAO & ANR.
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that the High Court's interference in the criminal revision was unjustified as it contravened Section 439(4) of the Cr.P.C., which does not allow converting an acquittal into a conviction. The Court emphasized that the High Court's detailed opinion on the guilt of the accused prejudiced their retrial. Consequently, the Court remanded the appeals back to the High Court for proper disposal according to law, setting aside the High Court's order.