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Supreme Court of India 2025-01-29 allowed

MAHABIR & ORS vs STATE OF HARYANA

Bench: 2 — J.B. Pardiwala, R. Mahadevan

In Brief

Three men were acquitted by a trial court in a 1998 murder case. The deceased victim's father filed a revision petition in the High Court about 8 years later (filed 2006, decided 2014/2024), challenging the acquittal. The High Court, without hearing the acquitted men or following proper procedure, reversed their acquittal and convicted them of murder, sentencing them to life imprisonment. After nearly 20 years of freedom, the men (now aged 60s-70s) spent over three months in jail before the Supreme Court intervened. The Court held the High Court's order violated the statutory bar under CrPC Section 401(3) preventing conversion of acquittals into convictions. The Court also found violations of procedural fairness (Section 401(2)), noting the victim's right to appeal did not exist in 2006 when the petition was filed. The Court set aside the conviction, released the men on bail, and awarded each Rs. 5 lakh compensation for unlawful detention, criticizing the State for appointing prosecutors on political rather than merit grounds.

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Criminal Procedure Revisional Jurisdiction Acquittal and Conviction Victim's Right to Appeal Natural Justice Constitutional Rights Right to Representation Evidence Law Hostile Witnesses Public Prosecutor Compensation for Wrongful Conviction Statutory Interpretation Retrospective Application of Statutes

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