- (1.) This hearing arises out of a prayer for leave to appeal against acquittal.
(2.) In pursuance of a news item published in a local daily "Aspect" dated 02.03.2011, regarding leakage of question papers of AICBSE Examination, 2011 (science stream) from the southern group of Islands, five accused persons were entangled/involved in a case of criminal conspiracy and other criminal offences, in which out of five accused persons, four were convicted, while one was acquitted giving him the benefit of doubt on the basis of circumstantial evidence. Being aggrieved by and dissatisfied with the finding of the learned lower Court, the State has preferred the present appeal against the order of acquittal of one of the accused persons namely M.P. Arun on the following allegations that the said judgment and order by which one of the accused persons namely M.P. Arun has been acquitted from the charges framed against him has been vitiated by reason of non- consideration of materials material exhibits and other materials on record in spite of holding and finding the existence of conspiracy to cause leakage of question papers and involvement of the acquitted accused in the said conspiracy and in spite of finding that the acquitted accused or respondent herein took active role and participation in the said conspiracy to cause leakage of question papers, for which the State has also prayed for special leave to file the instant appeal against acquittal.
(3.) At this stage we are not examining such allegations on merit, which is not required to be considered for the question of granting leave to appeal..';