1 APPLN-2522.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.2522 OF 2010 The State of Maharashtra .... Applicant Vs. Subhash Hanmant Birajdar @ Shavari & Ors. .... Respondents Shri Rajesh More, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: AUGUST 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondents for the offences punishable under Sections 143, 147, 149, 323/149 and 504/149 of the IPC and Section 3(1)(x) r/w Section 6 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act recorded by the learned Addl. Sessions Judge, Solapur. The learned Judge held that though there was an allegation of assault, no injury certificate was produced. He also found that while the first informant stated that her son Anil had not gone to attend the gathering in the school 2 APPLN-2522.10 and Anil himself had claimed that he had not gone to attend the gathering in the school, his sister Sunita had stated that Anil had gone to attend the gathering and there was some incident in the school. The learned Judge, therefore, held that the probability of the report being filed in order to prevent any action to be taken by the village elders against Anil existed. He also held that the abuses which were stated in the Court did not refer to the caste of the first informant and her relations. It cannot be said that the view taken by the learned Judge is perverse or improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)