((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.840 OF 2003 State of Maharashtra Appellant versus Vinaykumar Narayan Nayar Shetty and eight others Respondents Mr.P.S.Hingorani, APP for appellant. Mr.M.K.Kocharekar for respondent no.2. Mrs.Racheeta Dhuru for respondents 3 and 4. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 03rd October 2008 PC : 1. This Court by order dated 25th July 2008 had passed an order to separate the case of respondent nos.1 and 5 as they are absconding and no proclamation has been issued. Respondent no.6 has expired. 2. We have heard learned APP.. In our opinion, considering the facts on record, apart from the appeal preferred against respondent nos.2,3 and 4, the appeal insofar as respondent nos.1 and 5 can also be heard and disposed off. ((-2-)) 3. The main evidence against the accused was the evidence of identification parade by PW nos.9 and 10. The learned Judge while considering the evidence has been pleased to hold that while conducting the parade, necessary precautions, which were required so as to carry on the identification, were not complied with. Firstly, the S.E.O. had not visited the suspects where they were lodged, to observe their physical features; secondly the dummies who were selected were not selected as per the physical features of the suspect. Considering these two aspects, the learned Judge found it difficult to believe the said evidence. 4. Apart from that, the learned Judge insofar as accused no.2 is concerned, has rightly held that the evidence of PW-3 could not be relied upon and similarly in respect of accused no.3 that the evidence of PW-10 could not be relied upon. 5. The appeal is against acquittal. The matter is of the year 2003. Once the learned Judge has addressed himself to the correct ((-3-)) issues and has appreciated the evidence, in an appeal against acquittal, in our opinion, it should be a fit case where we should not grant leave to appeal. 6. In the light of the above, the appeal is rejected. (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) ((-4-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2540 OF 2003 IN CRIMINAL APPEAL NO.840 OF 2003 State of Maharashtra Applicant versus Vinaykumar Narayan Nayar Shetty and eight others Respondents Mr.P.S.Hingorani, APP for appellant. Mr.M.K.Kocharekar for respondent no.2. Mrs.Racheeta Dhuru for respondents 3 and 4. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 03rd October 2008 PC : 1. Considering the cause shown, delay is condoned. Criminal Application is disposed off accordingly. (F.I.REBELLO, J.) (A.A.KUMBHAKONI, J.)