IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 3943 OF 2009 THE STATE OF MAHARASHTRA .. .. PETITIONER Vs. USMAN KHAIRUDDIN DAFEDAR & ORS. .. .. RESPONDENTS Mr. H. J. Dedhia, APP CORAM:-SMT. RANJANA DESAI & SMT. MRIDULA BHATKAR, JJ. DATED:- 8/1/2010 P.C. The State of Maharashtra has preferred this appeal against acquittal. By the impugned order the respondents are acquitted of the offence punishable under Section 353 and 395 of the Indian Penal Code. The prosecution did not examine the owner of the truck to prove that the custody of the truck was with the accused. The peon of RTO who is alleged to have informed about the accused and their presence in the RTO office has also not been examined. Learned Additional Sessions Judge has observed that best evidence is kept back from the court. According to him the presence of the accused on the spot at the relevant time is not proved beyond reasonable doubt. In our opinion, the view taken by learned Additional Sessions Judge is a reasonably possible view which cannot be disturbed in an appeal against acquittal. Hence leave is refused. Application is disposed of. (SMT. RANJANA DESAI, J.) (SMT. MRIDULA BHATKAR, J.)