Judgment

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the Judgment of a Division Bench of the Himachal Pradesh High Court dismissing the application filed in terms of Section 378(3) of the Code of Criminal Procedure, 1973 (in short the ‘Code’). The respondent faced trial for alleged commission of offence punishable under Sections 376/511 and 506 of the Indian Penal Code, 1860 (in short ‘IPC’). The Trial Court found that the accusations were not established and directed his acquittal giving him the benefit of doubt. An application for grant of leave in terms of Section 378 of the Code was filed which was dismissed summarily stating “Dismissed”.

3. According to learned counsel for the appellant-State it was imperative on the High Court to indicate reasons as to why the prayer for grant of leave was found untenable. In the absence of any such reasons the Order of the High Court is indefensible.

4. Section 378(3) of the Code deals with the power of the High Court to grant leave in case of acquittal. Section 378(1) and (3) read as follow:

“378(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5),- (a) the Di