Code of Criminal Procedure, 1973–Secs. 372 & 401–Whether the High Court in the exercise of the revisional jurisdiction u/s. 401 Cr.P.C. was justified in setting aside the order of acquittal and convicting the accused by converting the findings of acquittal into one of conviction ?–Held, no–Sec. 401(3) prohibits doing so–If there was any manifest error of law or procedure, High Court was to remit the matter to the trial Court and /or the first appellate Court as the case may be–If the order of acquittal was passed by the first appellate Court, the High Court had two options.
(1) to remit the matter to the first appellate Court to rehear the appeal, or
(2) in an appropriate case remit the matter to the trial Court for retrial.
