Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure High Court failed to record reason D held: High Court is required to record reasons while refusing to grant leave to appeal - In the present case 1973- s. 378(1) and (3)- c Acquittal of the accused u/ss. 498A 3048 alternatively u/s. 302 /PC by trial court (fast track) -Applications by the State and the appellant (father of deceased) for leave to appeal and criminal revision -Applications dismissed by High Court by common order- On appeal by the father of the deceased |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973- s. 378(1) and (3)- Acquittal of the accused u/ss. 498A, 3048 alternatively u/s.302 /PC by trial court (fast track) -Applications by the Stateand the appellant (father of deceased) for leave to appealand criminal revision -Applications dismissed by High Courtby common order- On appeal by the father of the deceased, held: High Court is required to record reasons while refusingto grant leave to appeal - In the present case, High Courtfailed to record reasons for refusing to grant leave to appeal- In the facts and circumstances of the case, High Courtshould have granted leave to appeal and thereafter should have reappreciated the evidence and recorded its findingindependently on merit - High Court should also haveconsidered the FSL Report in proper perspective becausethe trial court order was passed without consideration thereof- Even though the State has not come in appeal, in theinterest of justice, State as well is granted leave to appeal -Matter remitted to High Court- Penal Code, 1860- ss. 498Aand 3048 alternatively u/s. 302. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 1032 |
Petitioner | Khumbaram |
Respondent | State Of Rajasthan & Ors. |
SCR | [2015] 12 S.C.R. 888 |
Judgement Date | 2015-10-15 |
Case Number | 2077 |
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