( 1 ) Cri.Appln.No.2369.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2369 OF 2007 The State of Maharashtra .. Applicant Versus Shivprasad S/o Ramlal Mirkya and others ..Respondents ... Mr.D.R.Korde,A.P.P.for applicant-State Mr.Joydeep Chattreji for respondents. ... CORAM : A.V.NIRGUDE,J. DATED : 22ND MARCH, 2010 PER COURT :- 1. By this application, the applicant-State is seeking special leave to file the appeal against the Judgment and order acquitting the respondents for the offense punishable under section 13(2) read with Section 13(1)(e) of Prevention of Corruption Act and under sections 120-B,420,23,424,109 read with section 34 of the Indian Penal Code. 2. The prosecution alleged that, the respondent No. 1, husband of the deceased-respondent No.2 and father of the respondent No.3 collected the assets, disproportionate to his income for the period between ( 2 ) Cri.Appln.No.2369.07 18.09.1959 to 31.12.1988. The learned Judge of the lower Court held that the applicant-State could not prove its case on facts. The learned Judge discussed the evidence in detail, took into account various sources of income of the respondents-accused and deducted the same by expenditure. The learned Judge of the lower Court after doing this calculation came to the conclusion that the assets over Rs.13,00,000/- found with the respondents were not disproportionate to income of the respondents-accused. 3] On going through the Judgment, I do not find any apparent error or perversity in appreciating the material on record on the part of learned Judge of the trial Court. Besides the learned Judge of the trial Court also held that the sanction for prosecution was defective. The finding recorded by the learned Judge of the trial Court is correct and I do not find it a fit case for granting special leave to file the appeal under section 378 of the Code of Criminal Procedure. The Criminal Application stands dismissed. Sd/- [A.V.NIRGUDE,J.] MTK