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september 2008

Supreme Court of India · 2008-09-29

State Of H.P vs Manoj Kumar @ Chhotu

Citation / case number
AIR 2009 SC (SUPP) 1127
Court
Supreme Court of India
Petitioner
State Of H.P
Respondent
Manoj Kumar @ Chhotu
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Himachal Pradesh High Court erred in dismissing the application for leave to appeal against acquittal under Section 378(3) of the Code of Criminal Procedure, 1973, without providing reasons. The Court emphasized that the High Court is obligated to independently assess the evidence when the trial court fails to do so adequately. The dismissal of the leave application was deemed indefensible, and the Court directed that the High Court should have granted leave to appeal and re-evaluated the evidence regarding the accused's guilt under Sections 376/511 and 506 IPC.

State Of H.P vs Manoj Kumar @ Chhotu · Niyam