IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPEAL NO. 793 OF 2003 State of Maharashtra .. Appellant versus Jakeria A. Ulate & Anr. .. Respondents ... Mr.D.S. Mhaispurkar, APP for the State. Mr. Rajan Salvi for the respondents. CORAM : V.M. KANADE, J DATED : 14th September 2004. P.C:- 1. The prosecution case is that the complainant was present in the Civil hospital at Alibag. He was on duty as an Asstt. Superintendent. The prosecution case is that the accused nos.1 and 2 assaulted the complainant with fist blows and kick blows. The incident in question took place on 7th December 2000 at 11.00 a.m. The complaint however was filed on 7th January 2001 almost after a lapse of one month under section 352, 332, 323 r/w sec.34 of the IPC. The trial Court after appreciating the evidence on record had observed that there was several contradictions and improvements in the statement of all the witnesses examined by the prosecution. He has further observed that the prosecution had failed to adduce on record cogent reasonable and reliable evidence to show the involvement of the accused in the offences. The trial Court has also observed that there is a delay of one month in filing the complaint which has not been explained by the prosecution. Further, the panch witnesses were declared hostile. None of the witnesses have stated that they had seen the accused assault the complainant with fist and kick blows. 2. The findings given by the trial Court in my view are not perverse and therefore, there is no reason to interfere with the order of the trial Court. 3. Leave is refused. Appeal is rejected. V.M.KANADE, J