Supreme Court · 2008 INSC 1101 · Decided 29 September 2008
State of Himachal Pradesh v. Manoj Kumar @ Chhotu
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1101 · [2008] 13 S.C.R. 1119
- Case number
- CRIMINAL APPEAL No. 1549/2008
- Decided
- 29 September 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 506, 511; CrPC Section 378(3)
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 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
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