In Brief
The State of Maharashtra appealed a High Court order refusing leave to prefer an appeal against the acquittal of multiple accused in a rioting and assault case. The Supreme Court held that when deciding whether to grant leave under Section 378(3) Cr.P.C., the High Court must consider whether a prima facie case or arguable points exist, not merely whether the acquittal is perverse. Finding that the High Court's rejection was based on reasoning contrary to medical evidence on record (the trial judge stated no injuries were found, but medical evidence established a fracture and lacerated wounds), the Court allowed the State's appeal and remitted the matter for fresh consideration."
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