THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2026 of 2010 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 10.08.2010, passed by the XIII Additional Sessions Judge, Narasaraopet, in Crl.A.No.266 of 2009, whereby the judgment, dated 18.08.2009, rendered in S.C.No.402 of 2007 on the file of the Principal Assistant Sessions Judge, Narasaraopet, was modified and the conviction and sentence imposed on accused No.1 for the offence punishable under Section 354 IPC is set aside; that further conviction and sentence passed against accused Nos.1 to 7 for the offence punishable under Section 324 IPC is also set aside; and that accused Nos.1 to 4, 6 and 7 are convicted for the offence punishable under Section 323 IPC and were sentenced to pay a fine of Rs.500/- each, in default to suffer simple imprisonment for a period of one month each. The brief facts of the case are that on the basis of a report given by the petitioner herein who was examined as P.W-1, the Police registered a case in Crime No.8 of 2007 against respondents 2 to 7 herein for the alleged offences punishable under Sections 354 and 324 read with 34 IPC. After investigation, a detailed charge sheet was filed and after committal, the same was numbered as S.C.No.402 of 2007 on the file of the Principal Assistant Sessions Judge, Narasaraopet. During the course of trial, the prosecution examined P.Ws.1 to 7 and exhibited Exs.P-1 to P-7. On behalf of defence, no oral or documentary evidence was adduced. The trial Court having analysed the entire evidence on record, came to the conclusion that accused No.1 is guilty of the offence punishable under Section 354 IPC and accordingly, convicted and sentenced him to suffer rigorous imprisonment for four years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for two months and further held that accused Nos.2 to 7 are guilty of the offence punishable under Section 324 and accordingly, convicted and sentenced them to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- each, in default to suffer simple imprisonment for one month each. The same was challenged by the accused by filing the Criminal Appeal and the same was allowed in part, modifying the judgment of the trial Court, as stated supra. The same is questioned in this Criminal Revision Case. The State which filed the said S.C. before the Court below has not chosen to challenge the order of acquittal of the accused passed by the lower appellate Court insofar as the offences punishable under Sections 354 and 324 IPC is concerned and hence, the de fact-complainant, who was examined as P.W-1, filed this Revision invoking the jurisdiction of the Court under Sections 397 and 401 Cr.P.C. It should be remembered that this is a Revision against the order of acquittal of the accused, where the scope of Revision is very much restricted. Even if this Court ultimately holds that the respondents herein-accused are guilty of the offences with which they are charged, this Court can only remand the matter to the Court below for fresh disposal of the matter, but cannot convert the said finding of acquittal into conviction. Apart from that, from a perusal of the said impugned judgment, this Court is thoroughly satisfied that the lower appellate Court has appreciated the entire evidence on record judiciously in holding that the said offences punishable under Sections 354 and 324 IPC is not proved against the accused beyond all reasonable doubt and so far as the other offence is concerned i.e., under Section 323 IPC the respondents-accused were sentenced to pay a fine. In those circumstances, this Court is of the view that no interference is called for by this Court in the impugned judgment. Further, as this Court is not inclined to allow the Criminal Revision Case, this Court is of the view that non- service of notice on the private respondents i.e., respondents 2 to 7 herein is not fatal in deciding the case. Accordingly, the Criminal Revision Case is dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 14th February 2011 DR