1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.APPA 334 OF 2009. THE STATE OF MAHARASHTRA VS NAMDEO S/O BALKRUSHNA BHARTI ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V. A. Thakre, APP for applicant State. Shri A. S. Mardikar, Advocate for the respondent. Coram : A.H. JOSHI, J. Date : 5th April, 2010. 1. Heard both sides. 2. Perused the impugned judgment. 3. The prosecution has relied upon three witnesses namely the complainant Ashok Indhane and two panch witnesses. 4. The complainant's version was supported by panch witness in cross examination after the witnesses were declared hostile. 5. When the testimony of a hostile witness rendered in the cross examination can be relied upon, it has its own limitations as it cannot be relied upon with same trust as could original testimony be. 2 6. In this background, the Special Judge found that the ambiguity in the statement of the complainant results in rendering the prosecution story doubtful is a judgment based on sound reasons. 7. In the result, appeal has no merit. Application and appeal are rejected. Judge |mule|