Leave to appeal against acquittal requires a reasoned prima facie assessment, not a bare label of no perversity.
A private revision against acquittal does not bar the State's statutory application for leave to appeal, because revision is a limited, exceptional remedy and dismissal of the complainant's revision does not extinguish the State's appellate remedy. When considering leave to appeal against acquittal, the High Court must examine whether the record discloses a prima facie or arguable basis for appellate scrutiny and must give reasons if leave is refused; a brief order merely describing the acquittal as not perverse is insufficient. The refusal of leave was set aside and the matter was remitted for fresh consideration without expressing any view on the merits of the acquittal.
Issues: (i) Whether the dismissal of a private revision against acquittal barred the State from seeking leave to appeal under the criminal appellate provisions. (ii) Whether the High Court was justified in refusing leave to appeal against acquittal by a brief order without considering the prosecution evidence and the existence of arguable grounds.
Issue (i): Whether the dismissal of a private revision against acquittal barred the State from seeking leave to appeal under the criminal appellate provisions.
Analysis: Revisional jurisdiction is limited and is exercised only in exceptional cases. A private complainant in a police case has no right to maintain an appeal and may at best invoke revision. Dismissal of such revision does not extinguish the statutory remedy available to the State under the provision governing appeals against acquittal, nor does it create a bar against seeking leave.
Conclusion: The preliminary objection failed and the State's application for leave to appeal remained maintainable.
Issue (ii): Whether the High Court was justified in refusing leave to appeal against acquittal by a brief order without considering the prosecution evidence and the existence of arguable grounds.
Analysis: In considering leave to appeal against acquittal, the High Court must apply its mind to whether a prima facie case or arguable points are made out; it is not required at that stage to decide whether the acquittal will ultimately be reversed. A mere reference to the trial court's finding as not perverse, without examining the material and recording reasons, is insufficient. The appellate court's power in an appeal against acquittal is wide, and expressions such as "perverse" do not curtail that power. On the facts, the record disclosed injured witnesses, medical evidence, and circumstances calling for deeper scrutiny.
Conclusion: The refusal of leave was unsustainable and the matter required reconsideration by the High Court.
Final Conclusion: The order refusing leave to appeal was set aside and the matter was sent back to the High Court for fresh disposal in accordance with law, without expressing any view on the merits of the acquittal.
Ratio Decidendi: While deciding an application for leave to appeal against acquittal, the High Court must assess whether the record discloses a prima facie or arguable basis for appellate scrutiny and must record reasons if leave is refused; it cannot reject the application merely by labeling the acquittal as not perverse.
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