HC can't convert acquittal into conviction under its revision power: SC

A high court under its powers of revision cannot convert a finding of acquittal of an accused into conviction, the Supreme Court said on Tuesday.

A bench of Justices M R Shah and Sanjiv Khanna said the high court has power to examine whether there is manifest error of law or procedure etc., however, after giving its own findings, it has to remit the matter to the trial Court and/or the first appellate Court.

"If the order of acquittal has been passed by the trial Court, the High Court may remit the matter to the trial Court and even direct retrial. However, if the order of acquittal is passed by the first appellate court, in that case, the High Court has two options available, (i) to remit the matter to the first appellate Court to rehear the appeal; or (ii) in an appropriate case remit the matter to the trial Court for retrial," the bench said.

The top court was hearing an appeal filed against an order of the Madras High Court which in exercise of its revisional jurisdiction under Section 401 CrPC set aside the order of acquittal passed by the first appellate Court and convicted the accused.

The apex court also said the right provided to the victim to prefer an appeal against the order of acquittal is an absolute right.