In a criminal appeal, this court allowed the criminal application to admit the appeal. It held that the trial court failed to properly consider the prosecution witnesses' evidence and made out a prima facie case for granting leave.
Application allowed; leave to file appeal admitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 10-crappln3440.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3440 OF 2015
THE STATE OF MAHARASHTRA
VERSUS
KIRAN SOPAN GANAGE
Mr.A.R.Borulkar, APP for applicants
CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : OCTOBER 20, 2016
PER COURT :
Heard the learned APP for the applicant –
State. Perused the deposition of the prosecutrix
and also her husband. It prima facie appears that the evidence of these witnesses has not been properly considered by the trial Court. In that view of the matter, case is made out for allowing this application for grant of leave to file the appeal. Hence, the application is allowed. Leave to file the appeal is granted.
2 10-crappln3440.odt2. The appeal is admitted .3.Action under Section 390 of the Code of
Criminal Procedure to follow against the
respondent before the Sessions Court, Ahmednagar.
[SANGITRAO S. PATIL, J.][S.S. SHINDE, J.]
kbp
1 issue framed by the court
Whether leave to file appeal under Section 390 CrPC should be granted as prima facie case exists?
1 provisions across 1 enactments
THE STATE OF MAHARASHTRA
KIRAN SOPAN GANAGE
S.S. SHINDE
SANGITRAO S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court