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Supreme Court of India 2019-01-31 allowed

THE STATE OF MAHARASHTRA vs SHANKAR GANAPATI RAHATOL

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

The State of Maharashtra appealed the High Court's rejection of its application for leave to appeal against an acquittal in a criminal case involving a group assault. The Supreme Court held that the High Court erred in its reasoning—the medical evidence on record contradicted its findings. Since a prima facie case existed and cross-complaints by rival village factions were involved with related appeals pending, the Court granted leave to appeal. The order was set aside, and the matter was remitted to the High Court for proper consideration of both the State's appeal and the complainant's revision petition.

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Criminal Procedure Appellate Procedure Orders of Acquittal Leave to Appeal

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