Leave to appeal against acquittal granted under Section 419(3) BNSS for re-appreciation of prosecution evidence.

On September 23, 2020, Goldy Markam was allegedly murdered and Pratik Tamrakar was injured by the respondents using weapons including a tangia and knife

Following an investigation and charge-sheet under Sections 147, 148, 307, 302, and 149 of the IPC and the Arms Act, the 1st Upper Sessions Judge, Rajnandgaon, acquitted the respondents on August 30, 2025, in Sessions Case No. 35/2021, granting them the benefit of doubt

The State filed the present petition seeking leave to appeal against this acquittal along with an application (I.A. No. 01/2026) for condonation of delay

A separate timely appeal by the complainant (ACQA No. 8/2026) was already admitted by the Court

1. Whether the delay in filing the petition for leave to appeal should be condoned given the existence of a companion appeal filed within the limitation period?

2. Whether the State should be granted leave to appeal against the judgment of acquittal under Section 419(3) of the BNSS?

Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which requires the State to obtain leave from the High Court to appeal against an order of acquittal

principles of appreciation of evidence in criminal trials, noting that leave should be granted if the trial court's findings appear "erroneous, unreasonable and contrary to the settled principles" or if material evidence—such as ocular testimonies, medical reports, and recovery of weapons—was unjustifiably discarded

The Court first condoned the procedural delay, reasoning that since a related appeal by the complainant (ACQA No. 8/2026) challenging the same acquittal was already admitted and within the limitation period, it was appropriate to hear the State's petition on merits

On the merits of the leave application, the Court evaluated the State’s contention that the trial court failed to correctly appreciate the testimonies of 16 prosecution witnesses, including injured witness Prateek Tamrakar (PW-01) and the medical evidence confirming a homicidal death

The State argued that the trial court ignored the recovery of blood-stained weapons and the failure of the accused to provide plausible explanations during their Section 313 CrPC statements

The High Court determined that these circumstances presented a prima facie case that the acquittal might be based on "conjectures and surmises," making it a fit case for appellate review

It further granted the State leave to appeal under Section 419(3) of the BNSS

The Registry was directed to register the matter as an "Acquittal Appeal," which was formally admitted for hearing and scheduled for April 20, 2026