1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPEAL NO. 212 OF 2006 The State of Maharashtra ..APPELLANT VERSUS Annasaheb Ugale & anr. ..RESPONDENTS Mr S.D. Kaldate, A.P.P. for the appellant - State. CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATE : 8th January, 2010 PER COURT : The appellant - State seeks leave to file appeal and at the request of learned A.P.P. for the applicant we have heard this application/appeal for admission though it is not listed as such. The application for condonation of delay came to be dismissed against respondent no.1 and we have allowed the application for condonation of delay as against respondent no.2. 2. It appears that the respondents came to be acquitted by the Additional Sessions Judge, Sangamner by judgment dated 17.11.2005, in Sessions Case No. 15 of 2003, for an offence punishable under section 302, 363, 364-A, 201, 203 and section 120-B of the Indian Penal Code. The respondents had been charge-sheeted for the aforesaid offences on the allegations that they had kidnapped and killed their nephew Vikas 2 alias Sonya, aged 6 years. The only evidence against respondents was the confessional statement of juvenile accused at Exh.80. The Trial Court rejected the aforesaid confessional statement on the ground that it was exculpatory statement. The Trial Court also for reasons which are to be found at paragraph 24 of the judgment, observed that the said confessional statement was not a voluntary statement. 3. With the assistance of the learned A.P.P. for the appellant - State we have perused the findings recorded by the Trial Court and upon its perusal we do not notice any perversity in the reasoning of the Trial Court to warrant any interference in this appeal against acquittal. The view taken by the Trial Court is a possible view to be taken on the basis of the evidence on record. Consequently, there is no merit in the appeal and the appeal is dismissed summarily confirming the acquittal of the respondents. (SHRIHARI P. DAVARE, J.) ( P.V.HARDAS, J.) amj/cria212.06