SUDESH SHARMA Vs. STATE

JUDGEMENT

(1.) Crl. M.A. No. 1134 of 2010 (under Section 5 of the Limitation Act.)

(2.) This is a petition preferred by Smt. Sudesh Sharma, Petitioner, mother of deceased Sunita seeking leave of this Court under Section 378(3) of the Code of Criminal Procedure (Code) to file an Appeal against the judgment dated 6th November, 2009 passed by the learned Additional Sessions Judge whereby Respondent Navdeep was acquitted of the charges for the offence punishable under Section 498-A and 304-B of the Indian Penal Code (IPC) framed against him.

(3.) The law with regard to the grant of leave is well settled by catena of judgments. Leave to Appeal can be granted where it is shown that the conclusions arrived at by the Trial Court are perverse or there is mis-application of law or any legal principle. The High Court cannot entertain petition merely because another view is possible or that another view is more plausible. In Arulvelu and Anr. v. State represented by the Public Prosecutor and Anr., 2009 10 SCC 206, while referring with approval the earlier judgment in Ghurey Lal v. State of Uttar Pradesh, 2008 10 SCC 450, the Supreme Court reiterated the principles which must be kept in mind by the High Court while entertaining an Appeal against acquittal. The principles are:-