1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.354/2006. (Datta s/o Vithoba Buruspatte Vs. Babu s/o Rama Chame and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.AV Patil, Adv. h/for Mr. VD Gunale, Adv. for Petitioner; Mr.NP Patil-Jamalpurkar, Adv. for Resp.Nos. 1 to 11; Mr.DR Korde, APP for Respondent No.12/State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 1st September,2009. 1. Heard learned Counsel extensively. 2. The conviction recorded by the learned JMFC, Ahmedpur in RCC No.86/1987 was subject of challenge by the aggrieved accused before the learned Additional Sessions Judge, Udgir Camp at Ahmedpur in Criminal Appeal No.3/2005. The learned Additional Sessions Judge by order dated 21.6.2006 allowed the appeal and set aside the order of conviction in RCC No.86/1987. The order of acquittal in appeal recorded by the Additional Sessions Judge is assailed by the original complainant. 3. Having gone through the Judgment of the learned Additional Sessions Judge, Udgir, stated above, I find that the appreciation of learned Judge for evidence of PW 6 - Savita ; evidence of 2 Medical Officer, PW 14 and 15, PW 16 and PW 4 - Digambar, teacher-cum-brother, is not flowing in tune with the record. The observations of the learned Judge about the memorandum of panchanama dated 25.4.1997 also needs reconsideration. Without further adverting to the glaring mistakes in the judgment, the matter is remitted to the learned Sessions Judge to allot it to learned Additional Sessions Judge at Ahmedpur to decide the matter afresh based on the available evidence. 4. Consequently, the order of acquittal recorded by Additional Sessions Judge, Udgir Camp at Ahmedpur dated 21st June, 2006 is quashed and set aside. 5. The bail granted by the Additional Sessions Judge at initial stage to remain in force till the disposal of the Criminal Appeal No.3/2005. 6. The Appeal is to be disposed of within six months of receiving the Record. 7. Needless to add the learned Additional Sessions Judge will re-assess the evidence by his own experience. 8. Criminal Revision Application allowed in above terms. ( K.U.CHANDIWAL ) JUDGE bdv/crrv354.06/fldr.2.9