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Supreme Court of India 2019-01-31 allowed

State of Maharashtra vs Shankar Ganapati Rahatol & Ors

Bench: 2 — R. Subhash Reddy

In Brief

On 29 August 1998, a man named Shivram was attacked and injured by a group in a village. He filed a complaint and FIR, leading to charges against 15 persons for rioting and assault. The trial court acquitted all accused. The State sought leave to appeal under Section 378(3) CrPC, but the High Court rejected it, stating medical evidence showed no injuries. The Supreme Court found this reasoning contradicted the actual medical evidence (fractured tibia and lacerated wounds). It held that when granting leave to appeal against acquittal, courts must assess whether prima facie cases exist, not merely examine evidence in detail. The Court allowed the State's appeal and remitted the matter to the High Court for fresh consideration."

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