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.