RUPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment and order dated 25. 10. 2002 passed by the learned Special Judge (SC/st) Court, Merta, in Sessions Case No. 13/2002, by which the accused-respondents No. 2 to 4 have been acquitted of the offence under Section 447 and 323/34, IPC and Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act" ).

(2.) I have heard learned counsel for the petitioner and the learned Public Prosecutor for the State. I have also gone through the impugned judgment and order as well as the certified copies of the record.

(3.) IN Khetra Basis Samal & Anr. vs. The State of Orissa etc. (3), placing reliance on its earlier judgment in D. Stephens vs. Nosibolla (4), the Hon'ble Supreme Court held as under:- " The revisional jurisdiction conferred on the High Court under Section 439 of the Code of Criminal Procedure is not to be lightly exercised, when it is invoked by a private complaint against an order of acquittal, against which the Government has a right of appeal under Section 417. It would be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality, or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower court has taken a wrong view of the law or misappreciated the evidence on record. "