1 APPLN-725.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.725 OF 2011 The State of Maharashtra .... Applicant Vs. Ananta Kondiba Shete & Ors. .... Respondent Ms M.M. Deshmukh, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: JUNE 24, 2011 P.C: This is an application for leave to file appeal against the judgment of acquittal of the respondents rendered by the learned Judicial Magistrate, First Class, Bhor, District Pune. The allegation of the first informant was that when she, her husband's other wife and her children, her sons aged 20 and 18 years were present at the house, her husband's elder brother and his children barged into the house and beat her up and assaulted her in order to outrage her modesty. She admitted in her cross-examination that her address shown in the ration card as well as in the voters list is in a different area of the 2 APPLN-725.11 town. She admitted that her husband's other wife is shown to be resident of House No.861-B and not House No.859/A-1 in which the incident took place. She admitted that her husband had applied in the municipality for recording House No.859/A-1 in her husband's name but the municipality had refused to do so. She admitted that the accused reside in the western two rooms of House No.859/A-1 since 1980-82 when the house was constructed and in the eastern room one K.P. Tiwari was residing as a tenant. She admitted that since 1997 they have started dispute with the accused for getting possession of the eastern two rooms. The only witnesses examined were the first informant, her husband's other wife and one Laxmibai who only saw that some utensils were lying outside the house of the complainant, apart from the I.O., PW-4. It cannot be said that the learned Magistrate erred in concluding that no offence was made out. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)