The High Court granted leave to appeal and entertained a challenge to an acquittal under Sections 289/338 IPC for dog bite injuries. The Court upheld the acquittal, finding the lower court's view on improbable injury circumstances plausible and not perverse.
Leave to appeal petition dismissed; acquittal of respondent upheld.
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.
Crl.M.A. 6658/2018 (Delay in refiling)
For the reasons stated in the application, delay of 32 days in refiling the leave to appeal petition is condoned.
Application is disposed of.
Crl.M.A. 6657/2018 (Delay in filing)
For the reasons stated in the application, delay of 936 days in filing the leave to appeal petition is condoned.
Application is disposed of.
CRL.L.P. 229/2018
Page 1 of 3
CRL.L.P. 229/2018
Page 2 of 3
CRL.L.P. 229/2018
Statement of Dr. Alka Rai fortifies the fact that she as well as other residents of the society had strained relationship with Om Prakash in regard to keeping pet dog in the society which casts doubt over her testimony as well as the testimony of Saumya Rai.
(MUKTA GUPTA) JUDGE
APRIL 13, 2018
Page 3 of 3
CRL.L.P. 229/2018
2 issues framed by the court
Whether the finding of acquittal by the Additional Sessions Judge is perverse or illegal warranting interference by this Court.
Whether the manslaughter charges under Sections 289/338 IPC should be dismissed based on implausible injury findings.
DR. ALKA RAI
STATE & ANR
MUKTA GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
