Supreme Court · 2019 INSC 119 · Decided 31 January 2019
State of Maharashtra v. Shankar Ganapati Rahatol & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 119 · [2019] 1 S.C.R. 1029
- Case number
- CRIMINAL APPEAL No. 799/2010
- Decided
- 31 January 2019
- Bench
- R. BANUMATHI, R. SUBHASH REDDY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 135, 143, 147, 323; CrPC Section 378(3)
Headnote
Code of Criminal Procedure, 1973 - s.378(3) - Leave to prefer appeal before High Court - Trial court acquitted accused against the charges u/ss.143, 147, 323 r/w. ss.149, 325 of IPC and s.135 of Bombay Police Act - State's application u/s.378(3) before the High Court 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 indicate a prima facie case to prefer appeal against the judgment of the trial court
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