Limited revisional power bars reappreciation of evidence to overturn acquittal and order retrial absent gross injustice.

Section 401 CrPC confers limited revisional power, and a High Court cannot re-appreciate evidence to upset an acquittal at the instance of a private complainant unless there is manifest illegality, procedural infirmity, or gross miscarriage of justice. Section 401(3) bars converting an acquittal into a conviction, and that restriction also prevents an indirect equivalent by ordering retrial after a merits-based re-evaluation of the evidence. A mere different view of witness credibility or evidentiary weight is insufficient. Revisional interference with acquittal remains exceptional, and the retrial order was therefore unsustainable.

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Issues: Whether the High Court, in revision under Section 401 of the Code of Criminal Procedure, 1973 at the instance of a private complainant, could re-appreciate the evidence, set aside an acquittal, and order a retrial in the absence of manifest illegality or gross miscarriage of justice.

Analysis: Revisional power under Section 401 is limited. Section 401(3) expressly bars conversion of an acquittal into a conviction, and that limitation also prevents an indirect result of the same nature by ordering a retrial after re-evaluating evidence on merits. Interference with an acquittal in revision is warranted only in exceptional cases involving manifest illegality, procedural infirmity, or gross miscarriage of justice. A mere different view on the credibility of witnesses or on appreciation of evidence is insufficient. The dismissal of the State's appeal against acquittal, even on limitation, left the acquittal undisturbed and reinforced the caution against revisional interference at the instance of a private party.

Conclusion: The High Court was not justified in exercising revisional jurisdiction to set aside the acquittal and direct retrial. The order of retrial was unsustainable and the appellants succeeded.

Ratio Decidendi: In revision against an acquittal, a High Court cannot re-appreciate evidence and indirectly convert an acquittal into a conviction by ordering retrial unless there is manifest illegality or a gross miscarriage of justice.

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