High Court’s power of revision under section 401 CrPC
(i) High Court while exercising powers of revision can exercise all powers of appellate court specified in section 386 CrPC except the power to convert the finding of acquittal into conviction – In exceptional circumstances, High Court can exercise the power of acquittal and direct retrial of cases. (ii) In the matter of revision, the trial court without being influenced by observation made by the Revisional Court has power to re-appreciate the evidence. (iii) Setting aside of order of acquittal in revision is guided by certain principles: (1) where acquittal is based on misreading of evidence or non-consideration of evidence or perverse appreciation of evidence or where trial court overlooked the material evidence or (2) where there is manifest error of law or procedure or (3) where the acquittal suffers from glaring illegality causing miscarriage of justice. Ganesha v. Sharanappa and another Judgment dated 19.11.2013 passed by the Supreme Court in Cri...