SUMITRA VS ASHISH
- Court
- Rajasthan High Court
- Bench
- Jodhpur
- Date
- 4 Feb 2026
- Citation / case number
- CRLR / 103 / 2026
Summary
Accused sought quashing of appellate judgment setting aside conviction & remanding matter for fresh trial. HELD- appeal u/ proviso of Sec 372 CrPC not maintainable as it lies only against acquittal, lesser conviction or inadequate compensation grant of probation is part of sentencing. Appellate court committed fundamental jurisdictional error & made unwarranted assumption. Remand giving prosecution “2nd opportunity” is impermissible. Revision allowed, trial court’s judgment restored.
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