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Thandavan Vs. Perianna - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1891)ILR14Mad363
AppellantThandavan
RespondentPerianna
Excerpt:
criminal procedure code, sections 435, 439, 440--petition to revise a judgment of acquittal. - .....to revise the judgment of the sessions court of coimbatore acquitting a person accused of an offence under section 471 of the penal code. in cases of acquittal by a sessions court, the law allows an appeal on behalf of the government and the reason for such a provision is obvious. the present is, however, the case of a private prosecutor seeking to put the court in motion to revise an acquittal deliberately arrived at by the sessions judge concurring with the assessors. an appeal against an acquittal by way of revision is, in our opinion, not contemplated by the code, and it should, we think, on public grounds, be discouraged.2. acting, therefore, under the discretionary power given in section 440, criminal procedure code, we decline to hear the learned counsel who appears to support.....
Judgment:

1. This is a petition to revise the judgment of the Sessions Court of Coimbatore acquitting a person accused of an offence under Section 471 of the Penal Code. In cases of acquittal by a Sessions Court, the law allows an appeal on behalf of the Government and the reason for such a provision is obvious. The present is, however, the case of a private prosecutor seeking to put the Court in motion to revise an acquittal deliberately arrived at by the Sessions Judge concurring with the assessors. An appeal against an acquittal by way of revision is, in our opinion, not contemplated by the Code, and it should, we think, on public grounds, be discouraged.

2. Acting, therefore, under the discretionary power given in Section 440, Criminal Procedure Code, we decline to hear the learned Counsel who appears to support the petition, and we dismiss the application.


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