VidhiSangh

Supreme Court of India · 31/01/2019

STATE OF MAHARASHTRA versus SHANKAR GANAPATI RAHATOL & ORS.

[2019] 1 S.C.R. 1029 · 2019 INSC 119

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Summary

Leave to appeal against acquittal required consideration of a prima facie case or arguable points, rather than final determination of whether the acquittal should be reversed. The High Court’s reason for refusing leave conflicted with medical evidence of fracture and lacerations. Leave was granted, with directions to hear the State’s appeal and the pending cross-case appeal simultaneously. The complainant’s revision was also restored for fresh consideration.

Issues

  1. Whether refusal of leave to appeal against acquittal was sustainable on the medical record and in light of the pending cross-case appeal.

Provisions considered

Held

Result

State’s appeal allowed; refusal of leave set aside and acquittal appeal directed to be taken on file and heard expeditiously with Criminal Appeal 849 of 2005. Complainant’s appeal allowed and revision remitted for fresh decision. Connected Criminal Appeals 798 and 800 of 2010 disposed of without further orders.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 1029.