:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.737 OF 2007 Shri. Abdul Salim Kasim Malang. ..Applicant. Vs. Smt. Shamshad Bi Abdul Salim Malang and ors. ..Respondents. Mr.S.V. Dhakephalkar for the Applicant. Mr.S.R.Shinde, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 16th July, 2008 P.C. P.C. P.C. 1. This is an application for leave to file appeal against the judgment and order acquitting the accused of the offences punishable under Section 406, 497 read with 34 of the I.P.C. As regards the offence under Section 406 it appears that the accused No.1 who is the wife of the present applicant withdrew the money from the joint account. This was permissible. She stated that she had withdrawn the said amount as per the instructions of her husband. As the Trial Court has opined that the evidence of the son of the applicant does not indicate that there was sexual intercourse. The view taken by the trial court is the possible view. Hence, leave refused. Consequently the appeal papers to be filed. (R.S. MOHITE, J.)