Supreme Court of India · 2008-02-22
State Of Rajasthan vs Rohitas & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 1524
- Court
- Supreme Court of India
- Petitioner
- State Of Rajasthan
- Respondent
- Rohitas & Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the Rajasthan High Court's dismissal of the application for leave to appeal against acquittal under Section 378(1) of the Code of Criminal Procedure, 1973, was unsustainable due to the lack of reasoning provided in the order. The Court emphasized that a speaking order is essential to ensure clarity and justice, referencing previous judgments that highlight the necessity of providing reasons in such cases. Consequently, the Supreme Court set aside the High Court's order, allowing the State's appeal to proceed.