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january 2019

Supreme Court of India · 2019-01-31

The State Of Maharashtra vs Shankar Ganapati Rahatol

Citation / case number
AIRONLINE 2019 SC 593
Court
Supreme Court of India
Petitioner
The State Of Maharashtra
Respondent
Shankar Ganapati Rahatol
Author
R.Subhash Reddy
Bench
R. Subhash Reddy, R. Banumathi

Judgment text excerpt

The Supreme Court held that the High Court's rejection of the State's application for leave to appeal against an acquittal under Section 378(3) of the Cr.P.C. was erroneous, as it failed to consider the prima facie case and the medical evidence indicating injuries sustained by the complainant. The Court emphasized that the High Court must apply its mind to whether arguable points have been raised rather than merely assessing the merits of the acquittal. Consequently, the Supreme Court set aside the High Court's order and granted leave to appeal, allowing the State to challenge the acquittal.

The State Of Maharashtra vs Shankar Ganapati Rahatol · Niyam