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Issues involved: Appeal against interference with conviction and sentence u/s 408, 468, and 477A of the Indian Penal Code by the High Court in Criminal Revision Petition.
Details of the Judgment: Issue 1: Conviction and Sentence The accused, an employee of a company, was convicted of offenses u/s 408, 468, and 477A of the Indian Penal Code for misappropriating empty barrels and selling them for personal gain. The Magistrate found the accused guilty based on evidence of falsified documents and diversion of company property. The Additional Sessions Judge upheld the conviction on re-appraisal of evidence. However, the High Court interfered with the conviction, stating that the prosecution failed to establish the case beyond reasonable doubt. Issue 2: Revisional Jurisdiction The State contended that the High Court exceeded its revisional jurisdiction by re-appreciating the evidence and not considering all evidence presented. On the other hand, the defense argued that the High Court was justified in interfering due to lack of evidence and failure to establish entrustment for the offense u/s 408. The Supreme Court held that revisional power is for correcting miscarriage of justice and not for re-appreciating evidence unless a glaring feature indicates a gross miscarriage of justice. The High Court's interference was deemed unsustainable, and the conviction and sentence passed by the Magistrate and affirmed by the Additional Sessions Judge were confirmed. Conclusion: The Supreme Court allowed the appeal, setting aside the High Court's judgment and confirming the conviction and sentence of the accused. The accused was directed to surrender to serve the sentence, and bail bonds were canceled. No further order was deemed necessary in the case.
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