AIR 1955 SUPREME COURT 584 ::1956 SCC 27

Supreme Court Of India

(From Calcutta)* 1st March 1955.

Hon'ble Judge(s): Vivian Bose, B. Jagannadhadas, B. P. Sinha , JJJ

Criminal P.C. (5 of 1898) , S.439— Revision against acquittal by private party. It may well be that a different view of the evidence could have been taken but that is not enough to justify interference in revision when there is an application by a private party to set aside an order of acquittal. It has to be remembered that no right of appeal is conferred in such cases though there is provision for appeal against acquittals. Courts must therefore use their revisional powers very sparingly. AIR 1951 SC 196, AIR 1951 SC 316 and AIR 1954 SC 266, Rel. on.(Para 8) Anno: AIR Com.: Criminal P. C., S. 439 N. 12.