Supreme Court of India · 2004-02-04
State Of Orissa vs Dhaniram Luhar
- Citation / case number
- AIR 2004 SUPREME COURT 1794
- Court
- Supreme Court of India
- Petitioner
- State Of Orissa
- Respondent
- Dhaniram Luhar
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the High Court's refusal to grant leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973, against the acquittal of the accused under Section 27(1)(a) of the Orissa Forest Act, 1972, was improper. The Court emphasized that the High Court is required to provide reasons for such refusals, especially when substantial questions of law are involved. The Court concluded that the High Court should have granted leave to appeal to allow for a re-appraisal of evidence, as the trial court failed to properly analyze the evidence presented.