1 appln3299-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3299 OF 2010 [For Leave to Appeal] IN CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra. ..Applicant. Vs. Dashrath Vishnu Pandit. ..Respondent. .... Mrs.M.H. Mhatre, A.P.P. for the Applicant­State. .... CORAM : D.D.SINHA & A.R.JOSHI, JJ. DATED : 24th AUGUST, 2010 P.C. 1. Heard Mrs.Mhatre, learned Additional Public Prosecutor for the State. 2. It is contended that the judgment and order passed by the lower appellate Court is perverse and, therefore, cannot be sustained in law. It is contended that the evidence adduced by the prosecution though adequate to prove the charge framed against the accused, however, the lower appellate Court failed to take into consideration the said evidence and 2 appln3299-10 wrongly held that there was no admissible evidence on record to prove the charge against the respondent/accused. It is, therefore, contended that the judgment of the lower appellate Court is bad in law. 3. We have considered the contentions canvassed by the learned Additional Public Prosecutor and gone through the judgment passed by the Sessions Court. In the instant case, the complainant Jajabai was not examined by the prosecution to prove the charge of criminal breach of trust in respect of her money. Similarly in order to prove the panchnama, no panch witness has been examined by the prosecution. Though the statement at Exh.42 was recorded by one Kiran Namdeo Jagtap, however, said Mr.Jagtap was also not examined by the prosecution. Statement of the accused at Exh.43 was recorded by Mr.Narayan Pandurang Jagtap who has also not been examined. It is in these circumstances we are of the view that lower appellate Court rightly came to the conclusion that the prosecution utterly failed to prove the charge against the accused. 4. The reasoning of the lower appellate Court is just and 3 appln3299-10 proper. Even otherwise, so far as the appeal against acquittal is concerned, unless the judgment is perverse and on the basis of the evidence on record the findings recorded are unsustainable in law it is only in such situation, the jurisdiction vested in this Court is required to be exercised. In the instant case, for the reasons stated hereinabove, Criminal Application No.3299 of 2010 as well as the Criminal Appeal filed by the State against acquittal suffer from lack of merit. Hence, Criminal Application No.3299 of 2010 and Criminal Appeal against acquittal are dismissed. (D.D.SINHA,J.) (A.R.JOSHI,J.)