Supreme Court of India

State of Himachal Pradesh v. Manoj Kumar @ Chhotu

Neutral citation
Reported as [2008] 13 S.C.R. 1119
Bench Dr. Arijit Pasayat and Dr. Mukundakam Sharma JJ.
Decided 29 September 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid legal position, the impugned ... • judgment of the High Court is unsustainable and is set aside.

Judgment, page 6

From the headnote

Criminal Procedure Code, 1973; s. 378(3): .. , Rape - Acquittal of accused by trial Court giving benefit of doubt - Application to grant/eave to file appeal dismissed by High Court - Correctness of -Held: Without appraising entire evidence carefully, trial Court arrived at its conclusion . and failed to perform its duties as enjoined on it by law - In such circumstances, High Court ought to have granted the leave and re-appreciated the entire evidence to determine ob- ;ectively guilt/otherwise of accused - High Court has failed to do so, moreover, it has not given any reasons while refusing

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