In Brief
A woman was allegedly raped by four persons in 2012 and subsequently committed suicide. Two separate FIRs were registered—one for rape and one for abetment of suicide. The rapists were convicted but the investigating officer was acquitted in both trials. The High Court ordered the two cases to be retried jointly, setting aside the acquittal. The Supreme Court held that the power to order a retrial is exceptional and must be exercised only to prevent miscarriage of justice. Absent clear proof that separate trials caused failure of justice, an acquittal cannot be set aside. The Court emphasised that separate trials do not automatically warrant joint retrials merely because evidence from one case cannot be used in another.
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