S.378 of Code of Criminal Procedure, 1973 : High Court Answers the Legal Principles in its Recent Judgment
It has been held in DRI v. Harpreet Singh @ Jitar Singh @ Sonu [2025] GCtR 1764 (Delhi) it was explained that in what situations leave to appeal is warranted under Section 378(3) of Code of Criminal Procedure, 1973. The governing principles are settled. At the leave stage, the High Court must be satisfied that the acquittal discloses a patent infirmity, such as perversity, manifest illegality, or a glaring misreading/omission of material evidence, so as to justify appellate scrutiny. The mere possibility of an alternative view cannot be the basis for interference with an acquittal. Rather, the Court must be persuaded that the Trial Court has either ignored material evidence, adopted a patently unreasonable view, or drawn conclusions which no court could have arrived at.
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