Supreme Court of India
Kumar Etc. Etc. v. Karnataka Industrial Coop. Bank Ltd. & Anr.
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What the Court ordered
In view of the above we do not see how the orders of the High Court dated 16/11/2010 and 22/3/2011 converting the acquittal of the accused appellants to one of conviction and the sentences imposed on each of them can be sustained in law.
Judgment, page 6
From the headnote
Code of Criminal Procedure, 1973 - s.397 rlw s.401 - Revisional Juiisdiction - Reversal of acquittal into conviction - Permissibility - Allegation that appellants pledged fake ornaments and obtained loans thereagainst from respondent bank - Acquittal of appellants by trial court - Revision petition - High Court allowed the same and convicted the appellants u/ss.406 and 420 rlw s.34 /PC - On appeal, held: While revisional power under the CrPC vest in the High Court the jurisdiction to set aside an order of acquittal, the same would not extend to permit conviction of the accused - Thus, order
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