Supreme Court · 2008 INSC 1065 · Decided 19 September 2008

State of Maharashtra v. Sujay Mangesh Poyarekar

Court
Supreme Court of India
Citation
2008 INSC 1065 · [2008] 13 S.C.R. 750
Case number
CRIMINAL APPEAL No. 1492/2008
Decided
19 September 2008
Bench
C.K. THAKKER, D.K. JAIN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 307, 504; CrPC Section 378(3)

Headnote

Code of Criminal Procedure, 1973; S.378(3): Leave to appeal against order of acquittal - Grant of - C Held: In deciding about grant of leave to appeal, appellate Court must apply its mind and consider as to whether prima facie case has been made out and arguable points have been raised against the - However, the Court need not to enter into minute details of prosecution D evidence - If arguable points have been raised and material on record discloses deeper scrutiny and re-appreciation, re­ view or re-consideration of evidence, the appellate Court must grant leave and decide it on

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