1 APPLN-1609.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1609 OF 2010 The State of Maharashtra .... Applicant Vs. Pratik Arun Patil & Ors. .... Respondents Shri S.A. Shaikh, APP, for the Applicant-State. S/Shri Satyajit Dishe with S.K. Shinde for the Respondents. CORAM: R.C. CHAVAN, J. DATED: JULY 27, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondents for the offences punishable under Section 3(1)(x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Sections 323, 504 and 506 of the IPC. The learned APP has made available for my perusal copies of the depositions which show that apart from the complainant Pratik Kardak there are two other witnesses corroborating on the incident. There is nothing to show that there was any enmity or any reason for the complainant to falsely implicate the 2 APPLN-1609.10 respondents. The learned Judge has, in para 15 of the Judgment, observed as under: "The second objection which is most important is that even though the complaint which has been lodged states about the caste of the complainant to be belonging to Hindu Mahar community and the caste of the accused is also stated, still again for want of missing link when the accused & complainant were not knowing each other previously, thereby it is also clear that the accused persons or any one of them was not knowing the complainant to be belonging to Hindu Mahar community," The learned APP pointed out that the FIR does not show that the first informant had mentioned his own caste or the caste of the accused persons. It is, therefore, not clear what the learned Judge wanted to convey by this sentence or whether he had read the FIR or not when he delivered the Judgment. In view of this, it would be necessary to have a fresh look at the entire material and hence leave granted. Appeal admitted. Call for the R & P.. Action under Section 390 of Cr.P.C. to follow. The application accordingly stands disposed of. (R.C. CHAVAN, J.)