Pandit Ukha Kolhe vs The State Of Maharashtra on 11 February, 1963
23. The power of the Appellate Court to direct a re-trial in a
criminal case is ordinarily exercised only in exceptional
circumstances unless the Appellate Court is satisfied that the
Court which conducted the trial lacked jurisdiction or that the
trial was vitiated by serious illegalities or irregularities or on
account of misconception of the nature of the proceedings: In
effect, that there had not been any real trial at all. The
justification of exceptional circumstances arises from the fact that
an acquitted person is exposed to a second trial which affords the
prosecutor another opportunity to rectify the infirmities disclosed
in the first trial: Ukha Kolhe Vs. State of Maharashtra 1.