1 Appln 5832-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5832 OF 2010 The State of Maharashtra .Applicant V/s. Sanjay Dinkar Zore & ors .Respondents Mrs.P.P.Bhosale, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 8TH JUNE, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for leave to appeal whereby the learned Judge acquitted the respondents for the offence punishable under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under Section 7(1)(d) of the Protection of Civil Rights Act, 1955 and under Sections 323, 504 r/w.34 of the I.P.C. 2 Appln 5832-2010 3. I have heard the learned APP and I have gone through the copies of depositions of witnesses which she has made available for my perusal. The learned APP submitted that the learned Judge should not have gone by wrong time mentioned in the Medico-legal Certificate in respect of accused in face of clarification by the Medical officer. Time mentioned in the Medico-legal Certificate in respect of injuries of the accused could be ignored for a while. The learned Judge has observed that eye witnesses PW-3 and PW-4, who have been examined by the prosecution gave account of the incident which is not consistent. While one of them suggests that he was present from the beginning of the incident, the other stated that in fact, they went after the incident had already started and fisticuffs had begun. The learned Judge has also observed that the FIR omits to state as to what were the abusive words. Ordinarily, a person would not be expected to state 3 Appln 5832-2010 everything in the FIR but in this case, FIR itself was lodged after the Sports officer consulted the Collector. Therefore, it is not that the FIR was lodged suddenly and so omissions in respect of abusive words cannot be ignored. View taken by the learned Judge cannot be said to be perverse or improbable. Leave refused. 4. Criminal Application is dismissed. (R.C.CHAVAN, J.)