1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 651 of 2011 The State of Maharashtra .. Applicant Versus Harishchandra Arjun Pandhare ...Respondent Mr. V.B.Kondedeshmukh APP for Applicant. CORAM:- R.Y.GANOO, J. DATED:- 6th JULY, 2011. P.C. 1. Respondent was tried by the learned Judicial Magistrate, First Class, Court No.9, Pune. (Hereafter referred to as the Court) for charges under Section 279, 304A of the Indian Penal Code and under Section 119, 117, 132(1)(c) of th Motor Vehicles Act. The said Court, after giving opportunity to the prosecution to lead evidence, ultimately came to the conclusion that the prosecution failed to prove the case against the accused beyond reasonable doubt. The said Court acquitted the respondent in regard to all the charges for which he faced the trial. This order of acquittal dated 28th March, 2011 is sought to be challenged by the State and for that the aforesaid 2 criminal application is filed. 2. Having gone through the impugned judgment and the record, I am inclined to observe that the view taken by the said Court is probable on the basis of the said record. The evidence of the witnesses and in particular, P.W.4 indicates that the motorcycle caused obstruction to the vehicle of the respondent. As P.W.4 moved the position of the motorcycle, the way was cleared for the respondent. The width of the road was 10 feet. According to the prosecution, the respondent immediately started the vehicle with speed and that is how dashed the small child. 3. A reading of the evidence clearly indicates that the evidence of P.W.4 that the respondent started the vehicle speedily cannot be accepted because there was no scope for the respondent to take the vehicle in a speedy manner. The record shows that the vehicle started and that, at the relevant time the child which was playing about, came under the vehicle. The said court has taken correct view on the basis of the evidence on record. There is no need to interfere. Hence application is rejected. (R.Y.GANOO, J.)