MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4624 OF 2006 The State of Maharashtra....Applicant Vs. Smt. Rekha KailasZade ...Respondent Mrs. P.H.Kantharia, Public Prosecutor for State. Shri Indrajeet Joshi, for Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. K.U.CHANDIWAL, JJ. DATED: 17TH JUNE 2008 DATED: 17TH JUNE 2008 DATED: 17TH JUNE 2008 P.C.: P.C.: P.C.: . This is an application by the State for leave to file appeal against the respondent who is original accused No..2. The original accused No.1 has been convicted for the offence punishable under Section 376 of the I.P.C. The present respondent was charged under Section 376 read with Section 34 of the I.P.C. 2. We have considered the evidence on record and the consideration by the learned of the evidence against this accused. In our opinion we cannot say that the finding of the learned Judge are perverse warranting interference by this Court in the application filed for leave by the State. Considering that the view taken by the learned Judge was possible on the facts of the case in our view this is not a fit case to grant leave to appeal. Hence application for leave to appeal is dismissed. (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (K.U.CHANDIWAL, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)