.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.501 OF 2007 [FOR LEAVE TO FILE APPEAL] IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra. ..Applicant. Versus Ratan Hari Waghe and 3 Ors. ..Respondents. .. Mr.P.S.Hingorani, APP, for the Applicant-State. .. CORAM : F.I. REBELLO AND CORAM : F.I. REBELLO AND CORAM : F.I. REBELLO AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : APRIL 02, 2008. DATED : APRIL 02, 2008. DATED : APRIL 02, 2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned APP for the applicant-State. 2. The applicant-State of Maharashtra has preferred this leave to file appeal against the judgment and order dated 19th September, 2006 passed by the learned 1st Adhoc Additional Sessions Judge, Thane in Sessions Case No.448 of 2005. By the said judgment and order, the learned Sessions Judge acquitted the respondents of the offences punishable under Sections 395, 397, 452, 336, 326, 342, 427, 354, 457, 380 read with Section 34 of Indian Penal Code. 3. The prosecution case is that the respondents along with others entered into the bungalow of the .{2}. complainant armed with deadly weapons and committed dacoity. It is an admitted fact that the respondents-accused were not known to the witnesses prior to the incident. Hence, identification parade came to be held. The complainant PW-1 Cecil D’souza and his wife PW-2 Joyce did not identify any of the respondents-accused in the identification parade. Infact PW-2 Joyce had identified the dummies instead of the accused. In such case, identification by PW-1 Cecil and PW-2 Joyce of the accused persons in the Court cannot be taken into account. 4. only one witness has identified the respondents-accused i.e. PW-3 Danial who was the servant of the complainant. The learned Sessions Judge has observed that looking to the evidence of the complainant that there was no electricity at the time and it was completely dark and therefore he could not see anything, it would not have been possible for PW-3 Danial to have identified the accused. Looking to the evidence on record, we cannot find any error in the observation of the learned Sessions Judge that it would not have been possible for PW-3 Danial also to see any of the .{3}. accused. 5. As far as the evidence of recovery of property is concerned, the panch witnesses have turned hostile. Looking to all these circumstances, the learned Sessions Judge acquitted the respondents-accused. 6. Looking to the evidence on record, we find that the view taken by the learned Sessions Judge is a reasonable and possible view. 7. It is well settled that if the view of acquittal could have been reasonably arrived at then mere circumstance that the lower Court would have taken a different view, would be no ground to interfere. In this connection, useful reference can be made to decision of the Supreme Court in the case of C.Anthony Vs. K.G.Raghavan Nair, (2003) 1 SCC 1 C.Anthony Vs. K.G.Raghavan Nair, (2003) 1 SCC 1 C.Anthony Vs. K.G.Raghavan Nair, (2003) 1 SCC 1. In the case of C.Anthony C.Anthony C.Anthony(supra), the Supreme Court has observed that unless the findings of the trial Court are perverse or contrary to the material on record, the High Court cannot in Appeal substitute its findings, merely because another contrary opinion was .{4}. possible on the basis of material on record. As stated earlier, the view taken by the learned Sessions Judge is a reasonable and possible view, hence, no interference is called for. Application for leave to appeal is rejected. (F.I.REBELLO,J.) (F.I.REBELLO,J.) (F.I.REBELLO,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)