Supreme Court of India
State of Maharashtra v. Shankar Ganapati Rahatol & Ors.
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What the Court ordered
For the aforesaid reason this appeal is allowed and impugned order dated 13.06.2008 is set aside.
Judgment, page 5
From the headnote
Code of Criminal Procedure, 1973 – s.378(3) – Leave to prefer appeal before High Court – Trial court acqui tted accused against the charges u/ss.143, 147, 323 r/w. ss.149, 325 of IPC a nd s.135 of Bombay Police Act – State’s application u/s.378( 3) before the High Court was rejected – Revision petition by complainant against the acquittal order was also rejected by the High Court – On appeal, held: The reason for rejection of application u/ s.378(3) was contrary to the evidence on record – Material on record in dicate a prima facie case to prefer appeal against the judgment of the trial court
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