- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1808 OF 2007 The State of Maharashtra Applicant Vs. Mahesh Jaysing Shirke & Anr. Respondents Ansari & Anr. Mr. P. S. Hingorani, APP for applicant. Mr. V. S. Talkute Advocate for the respondent No.1. CORAM : SRI R.M.S. KHANDEPARKAR,& SRI. A.A. SAYED, JJ. DATE : JANUARY 17, 2008. PC . The trial Court after a detailed analysis of the evidence has arrived at the finding that the respondent was not at all present at the place of scene of offence and at the relevant time, he was attending his duties as driver on Phaltan Baramati bus. Undisputedly, the timing for duties of the respondent were from 5.30 a.m. to 8.10 p.m. The trial Court has believed the testimony of the two defence witnesses in this regard. Perusal of the testimony of both these witnesses discloses that they have produced document disclosing attendance of the - 2 - respondent at the place where he was employed at the relevant time. Considering the case that the incident occurred at 7 p.m. and the evidence on record establishes that at the relevant time the respondent was attending his duties at a different place , no fault can be found with the finding arrived at by the trial Court, acquitting the respondent, and there is absolutely no case made out for interference in the impugned judgment. Hence, the application for leave to appeal fails and is summarily rejected. Sd/- [ R.M.S. KHANDEPARKAR, J.] Sd/- [ A. A. SAYED,J.]