In Brief
The Supreme Court examined whether a High Court can convert an acquittal into a conviction while exercising revisional jurisdiction under Section 401 Cr.P.C. The Court held that Section 401(3) expressly prohibits such conversion. Even if the High Court finds manifest error in an acquittal, it may only set aside the acquittal and remit the case for retrial or rehearing—it cannot directly convict. The Court also clarified that victims with a statutory right of appeal under Section 372 Cr.P.C. must pursue appeal, not revision. To treat a revision application as an appeal under Section 401(5), the High Court must pass a formal judicial order. The matter was remitted for the High Court to treat the applications as appeals and decide on merits accordingly.
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