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Issues: Whether the High Court, in revision at the instance of a private complainant, could set aside the trial court's finding and remand the matter for fresh conviction and sentence after effectively recording guilt and overcoming an acquittal, in view of the bar under Section 401(3) of the Code of Criminal Procedure, 1973.
Analysis: Revisional power at the instance of a private complainant against acquittal is exceptional and cannot be used to convert an acquittal into conviction directly or indirectly. Section 401(3) of the Code of Criminal Procedure, 1973 prohibits such conversion. The High Court, after concluding that the graver offence was made out and that the lesser conviction was unsustainable, remanded the matter for passing a fresh order of conviction and sentence, which left no real judicial discretion to the trial court and amounted to an impermissible indirect conversion of acquittal into conviction. Such interference was held to be beyond revisional jurisdiction and to have caused miscarriage of justice.
Conclusion: The High Court's remand order was unsustainable and was set aside; the trial court's order was restored, resulting in relief to the appellants.
Ratio Decidendi: In revisional jurisdiction, a High Court cannot, at the instance of a private complainant, directly or indirectly convert an acquittal into a conviction, as Section 401(3) of the Code of Criminal Procedure, 1973 bars such a course.
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