1 Appln 187-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.187 OF 2010 Victor Anthony Lobo .Applicant V/s. Nina Ronald Lobo & ors .Respondents Mr.R.R.Bhosale, Advocate, for the Applicant Mr.Y.M.Nakhawa, APP, for Respondent No.4 - State CORAM : R.C.CHAVAN, J. DATE : 10TH JANUARY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application by the State for leave to file an Appeal against the Judgment rendered by the learned Judicial Magistrate First Class, Pune, whereby he acquitted respondent Nos.1 to 3 of the offence punishable under Section 500 read with Section 34 of the Indian Penal Code. Respondent No.1 had filed a report alleging that the applicant 2 Appln 187-10 had winked at her and tried to outrage her modesty. On this, charge sheet was filed against the applicant for his involvement in an offence punishable under Section 509 of the Indian Penal Code. In that case bearing S.C.C.No.2049 of 1993, the applicant was acquitted by Judgment dated 4th July, 1996. Thereafter, applicant filed a private complaint for defamation alleging that the allegations made against him by respondent No. 1 are false & Criminal case No.2049 of 1993 amounted to defamation. The learned Magistrate held that the case fails under 8th exception of Section 499 of the Indian Penal Code. The learned Counsel for the applicant submits that since the allegation was not believed by the Trial Court which found that the evidence of the respondent was contradictory, the learned Magistrate who was considering the case ought to have held that report in the first case was not made in good faith and therefore, case did not fall under 3 Appln 187-10 8th exception of Section 499 of the Indian Penal Code. The learned Magistrate has rightly held that in S.C.C.No.2049 of 1993, there is no observation that the complaint was false. Therefore, there is no question of accusation being held to have been made in absence of good faith. View taken by the learned Magistrate is not untenable or perverse. 3. Criminal Application is rejected. Appeal is dismissed. (R.C.CHAVAN, J.)