MAHABIR & ORS. versus STATE OF HARYANA

MAHABIR & ORS. versus STATE OF HARYANA

The High Court committed an egregious error in reversing the trial court's acquittal and converting it into a conviction in exercise of revisional jurisdiction under Section 401 CrPC because Section 401(3) expressly bars converting acquittal into conviction, Section 401(5) could not be invoked as the victim had no statutory right of appeal when the revision was filed in 2006 (the proviso to Section 372 CrPC came into force w.e.f. 31.12.2009 and is prospective), and the appellants were not afforded the opportunity of hearing; accordingly the High Court judgment and order of conviction were set aside and compensation awarded to the appellants.

Parties
Appellant: Mahabir & Ors.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
29 January 2025
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Judgment Reversing Acquittal
Outcome
Appeals allowed
Legal Topics
Revision, Appeal, Proviso to Section 372 Cr PC, Section 401 Cr PC, Unlawful Detention, Public Prosecutor Appointment, Cross Examination, Contradiction, Victim Rights, Compensation
Criminal Procedure Criminal Law Evidence Constitutional Law Victimology Revision Appeal Proviso to Section 372 Cr PC +7 more

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Parties

Mahabir & Ors.

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Judgment Reversing Acquittal

Legal Issues

  1. 1 Whether the High Court erred in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction under Section 401 read with Section 397 CrPC
  2. 2 Whether the Proviso to Section 372 CrPC creates a right in favour of the victim
  3. 3 Whether the Proviso to Section 372 CrPC is an exception to Section 372

Ratio Decidendi

The High Court committed an egregious error in reversing the trial court's acquittal and converting it into a conviction in exercise of revisional jurisdiction under Section 401 CrPC because Section 401(3) expressly bars converting acquittal into conviction, Section 401(5) could not be invoked as the victim had no statutory right of appeal when the revision was filed in 2006 (the proviso to Section 372 CrPC came into force w.e.f. 31.12.2009 and is prospective), and the appellants were not afforded the opportunity of hearing; accordingly the High Court judgment and order of conviction were set aside and compensation awarded to the appellants.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment and order passed by the High Court set aside.
  • State Government to pay Rs. 5,00,000 each to the three appellants towards compensation within four weeks.