1 Criminal Appl.No.5298 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5298 OF 2010 The State of Maharashtra APPLICANT VERSUS 1. Manik Dinkar Kothare and others RESPONDENTS Mr.S.D.Kaldate, learned A.P.P. for the applicant/State. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 10/06/2011 PER COURT : 1. Since we have condoned the delay in filing of the present application, this application is heard for admission at the request of learned A.P.P. for the applicant/State. 2. By this application, the applicant seeks grant of leave for filing an appeal against the judgment of the District Judge-3 and Additional Sessions Judge, Ahmednagar dated 22/02/2010 in Sessions Case No.11/2009, acquitting the respondents for offences punishable u/s. 436, 427, 506 r/w. 34 of The IPC. The Trial Court came to the conclusion that the evidence of P.W.No.1 Sindhubai and her son P.W.No.2 Krushna that they had seen the accused standing 2 Criminal Appl.No.5298 of 2010 near the burning hut with burning embers in their hand, was un- believable. The Trial Court further came to the conclusion that the evidence on record indicated that the relations between the complainant and the accused were strained and that several cases had been filed against each other. The Trial Court, at para no.15 came to the conclusion that mother in law of P.W.No.1 Sindhubai had lodged the report against her and her son Krushna that she had set the hut on fire and that Sindhubai had lodged a false report in order to implicate the accused in the said crime. 3. With the assistance of the learned A.P.P., we have perused the findings recorded by the Trial Court and upon such perusal, according to us, the view taken by the Trial Court is a possible view to be taken on the basis of evidence on record. We do not notice any perversity in the reasoning of the Trial Court to warrant any interference in this appeal against acquittal. Consequently, this application fails and is dismissed. Leave refused. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JUNE 2011/cri.appl.5298-10