STATE OF ORISSA vs NAKULA SAHU & ORS

The Supreme Court held that the High Court's revisional power under Sections 435 and 439 of the Code of Criminal Procedure, 1898, is discretionary and should be exercised judiciously, primarily in cases of glaring procedural defects or manifest legal errors leading to miscarriage of justice. The Court found that the trial court and Sessions Court did not err in their concurrent findings, thus overturning the High Court's acquittal of the respondents. The appeals were allowed, reinstating the convictions under Section 409 IPC.