:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.2727 OF 200 CRIMINAL APPLICATION NO.2727 OF 200 CRIMINAL APPLICATION NO.2727 OF 2008 The State of Maharashtra ...Applicant. v. Bunty Ramdas Khese & Ors. ...Respondents. Mr.A.S.Shitole, APP for the Applicant/State. Mr.Vikas Shivarkar , adv. for the Respondent Nos.1 to 7. CORAM: CORAM: CORAM: R.V.More,J. R.V.More,J. R.V.More,J. DATE: 12th January, 2009. DATE: 12th January, 2009. DATE: 12th January, 2009. P.C. P.C. P.C. 1. Heard Mr.Shitole the learned APP for the State and Mr.Shivarkar, the learned counsel for all the accused/respondents. 2. Application is taken out for leave to file appeal against the order of acquittal. Respondents/Original Accused were prosecuted for the offences punishable under Sections 324, 147, 149 and 504 of the Indian Penal Code as well as under Sections 3 (1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (In short ’Atrocities Act’). However, by the impugned order, the learned Additional Sessions Judge-2, Pune acquitted the respondents/accused of all the offences mentioned above. :2: 3. It is the case of the prosecution that he belongs to scheduled caste. Incident occurred on 13/1/2004. On that day at about 10.15 p.m. when the complainant had been to Dhaba (Hotel) by name ’Green Park’ at Solapur road, the scuffle between the complainant and the accused no.7 had taken place. It was alleged that the accused/respondent no.7 abused the complainant in the name of caste. It is further case of prosecution that all the accused assaulted the complainant with the help of Sattur, Hunter and an iron bar, when the complainant in order to report this incident had gone to the police outpost at Urali Kanchan. 4. Prosecution in order to prove the guilt of the accused/respondents, examined eight witnesses including the complainant as P.W.1. Both the incidents were not witnessed by any of the witnesses except the complainant, P.W.1. The learned Additional Sessions Judge-2, Pune disbelieved the complainant on the ground that his evidence is contrary to the medical evidence. The complainant categorically stated that he was assaulted by the accused/respondents with Sattur, Hunter and an iron bar. However, the medical certificate at Exhibit 92 shows that the injuries, which the complainant received are very simple in nature. Had it been a fact that all the accused assaulted the complainant with the help of Sattur, Hunter and an iron :3: bar, he would have received serious and grave injuries. So far as the offences under Atrocities Act are concerned, the learned Additional Sessions Judge-2, Pune held that the alleged offence was not committed in a place within the public view and, therefore, acquitted the respondents/accused of this charge also. The view taken by the learned Additional Sessions Judge-2, Pune is possible. This view can not be substituted by another possible view. The learned Additional Sessions Judge-2, Pune rightly disbelieved the complainant in this regard. No case is made out for grant of leave. Application is accordingly dismissed. (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)