VidhiSangh

Supreme Court of India · 25/01/2022

JOSEPH STEPHEN AND OTHERS versus SANTHANASAMY AND OTHERS

[2022] 8 S.C.R. 182 · 2022 INSC 96

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Summary

The High Court restored convictions while deciding victims’ revision applications against appellate acquittals. The Supreme Court held that Section 401(3) prohibited converting acquittal into conviction in revision. Where an appeal lay, revision at that party’s instance was barred; conversion into an appeal required a judicial order recording statutory satisfaction. The judgment was set aside and the matters remitted for treatment as victims’ appeals, with merits left open.

Issues

  1. Whether a revisional court could convert acquittal into conviction.
  2. How the victims’ appeal remedy and the power to convert revision into appeal applied.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and matters remitted for treatment as Section 372 appeals and fresh decision on merits.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 182.