1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2014 OF 2009 IN CRIMINAL APPLICATION NO.2015 OF 2009 State of Maharashtra, through Police Station Gondi, Tq.Ambad, District Jalna. Applicant Versus Shahu s/o Rakhmaji Bharpur Respondent Mrs.S.S.Autade, A.P.P. For applicant-State. CORAM: R.M.BORDE, J. DATE : 16th July, 2009. P.C.: This is an application seeking condonation of delay of three days occurred in presenting application seeking leave to file appeal against order of acquittal dated 12.03.2009, recorded by Judicial Magistrate, First Class, Ambad in S.T.C. No.911/2007. Considering the submissions made by learned Assistant Public Prosecutor, application deserves to be allowed and same is accordingly allowed. Delay of 3 days occurred in presenting application seeking leave to file appeal, stands condoned. Application stands disposed of. (R.M.BORDE) JUDGE ******* adb/criappln201409 2 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2015 OF 2009 State of Maharashtra, through Police Station Gondi, Tq.Ambad, District Jalna. Applicant Versus Shahu s/o Rakhmaji Bharpur Respondent Mrs.S.S.Autade, A.P.P. For applicant-State. CORAM: R.M.BORDE, J. DATE : 16th July, 2009. P.C.: 1 This is an application seeking leave to file appeal against order of acquittal dated 12.03.2009, recorded by Judicial Magistrate, First Class, Ambad in S.T.C. No.911/2007. 2 Accused-Respondent was prosecuted for commission of offence punishable under Section 354 of the Indian Penal Code. It is alleged that accused has outraged modesty of complainant Shantabai on 04.03.2007 at about 5.30 p.m. near the agricultural land belonging to complainant. 3 After recording evidence of the parties, the trial Magistrate was not convinced with the merits of the prosecution case and as such, 3 after recording finding as regards innocence of the accused, has directed his acquittal. Learned trial Magistrate has recorded in the judgment that there is civil litigation pending between the parties in respect of agricultural property, which is claimed to be belonging to the complainant. 4 Considering pendency of civil dispute between the parties, there is possibility of false implication of the accused in the crime. The view adopted by the trial Judge appears to be a possible view. Merely because some other view is also possible in the facts and circumstances of the case, is not a ground for causing interference in the order of acquittal. The application seeking leave to file appeal is devoid of substance. Hence Application stands rejected. Consequently, appeal also stands dismissed. (R.M.BORDE) JUDGE ******* adb/criappln201409