1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1240 OF 2009 The State of Maharashtra Applicant Versus Raju s/o Yeshwant Dhotre & others Respondents Mrs.S.S.Autade, A.P.P. for the applicant-State. CORAM: R.M.BORDE, J. DATE : 15 th June, 2009. P.C.: 1 Heard Mrs.S.S.Autade, learned A.P.P. For applicant-State. 2 This application is filed seeking leave to file appeal against the order of acquittal dated 06.01.2009, passed by Assistant Sessions Judge-2, Parbhani in Sessions Trial No.26/2008. 3 Respondents-accused were charged for the commission of offence punishable under Sections 395 and 397 of the Indian Penal Code, having committed dacoity. While committing dacoity, it is alleged that they have used deadly weapons and caused injuries. 4 On perusal of the judgment, it transpires that the prosecution 2 witnesses examined for the purpose of proving recovery of stolen property, have turned hostile and have not supported the prosecution case. There is absolutely no evidence to link the accused with the alleged crime. Considering the reasons recorded by trial Court, it appears that the trial Court has adopted a reasonable view in the matter. Merely because some other view is also possible in the facts and circumstances of the case, is no ground to cause interference in the appeal against the order of acquittal. Application is devoid of substance. 5 Hence, Application seeking leave to file appeal stands rejected. Consequently, appeal also stands rejected. (R.M.BORDE) JUDGE ******* adb/criappln124009