1 Appln 658-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.658 OF 2011 The State of Maharashtra ..Applicant V/s. Rajaram Balu Kagale ..Respondent Mr.Rajesh More, APP, for the Applicant - State None for the Respondent CORAM : R.C.CHAVAN, J. DATE : 15TH JULY, 2011 P.C. . Heard the learned APP for the applicant  State. This is an application for leave to file an appeal against Judgment of acquittal of the respondent for the offence punishable under Sections 279 & 338 of the Indian Penal Code recorded by the learned Judicial Magistrate F. C., Peth Vadgaon, District Kolhapur. There was collision between two motor cycles and the allegation is that the respondent was driving his motor cycle in a high speed and in a rash & negligent manner. The learned Magistrate found that the victim himself had no license 2 Appln 658-2011 to drive the motor cycle and therefore, the learned Magistrate wondered as to whether the victim had requisite expertise to drive the motor cycle properly. The learned Magistrate also found from the panchanama of the spot that the respondent's motor cycle was on the correct side of the road. He also referred Newtons Law of Motion in order to conclude that the vehicle driven by the respondent might not be in a high speed. The learned APP brands this observations as perverse. The observations of the learned Magistrate cannot be called perverse though another view of the matter could also have been taken. Since view taken by the learned Magistrate is probable, leave refused. Appeal dismissed. 2. Criminal Application stands disposed of. (R.C.CHAVAN, J.)