1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.4380/2008 IN CRIMINAL APPEAL NO.840/2008 State of Maharashtra, through Police Station Officer, Police Station Ner, Distt. Yavatmal ...Versus... Purushottam s/o Bhikaji Jadhao -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri S.B. Ahirkar, APP for applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 04.02.2009 This appeal is directed against the order of acquittal dated 28.8.2008, made by the Ad-hoc Additional Sessions Judge, Yavatmal, acquitting the accused/respondent for the offences punishable under Sections 354, 452, 506 of the Indian Penal Code and under Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned A.P.P. for the applicant argued that during the pendency of trial, complainant-Rekha expired and therefore, she could not be examined. He, however, 2 submits that her sister Suman, who was the eye witness to the incident was examined and she had deposed the incident proper and that the trial Court has wrongly acquitted the accused persons. I have gone through the evidence of P.W.1- Suman and I find that her material evidence regarding the actual incident is an omission amounting to contradiction and that is the reason why the trial Court has rejected that evidence. It appears that complainant- Rekha had told Suman about the incident, which is told by her to the police. The view taken by the trial Court is legal and proper and the order of acquittal cannot be interfered with. Criminal Application 4380/2008 is dismissed. Criminal Appeal No.840/2008 is also dismissed. JUDGE ssw