[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.4133 OF 2007 IN CRI.APPEAL NO. OF 2007 The State of Maharashtra ..Applicant Vs. Sudhakar Shankar Main and Anr. ..Respondents ... Mr.V.B.Konde-Deshmukh APP for Applicant-State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : APRIL 17, 2008 DATE : APRIL 17, 2008 DATE : APRIL 17, 2008 P.C. P.C. P.C. 1. The Applicant-State has preferred this application for leave to appeal against the acquittal of the Respondents-accused. 2. By judgment and order dated 12th September, 2007 passed in Summary Case No. 284 of 2004, the learned 2nd Joint Judicial Magistrate F.C., Ratnagiri has acquitted the Respondents-accused of the offences under Sections 504, 506, 509 read with Section 34 of IPC. 3. I have heard the learned APP for the State. I have perused the evidence which has been produced [-2-] by him as well as the impugned judgment and order. 4. There was dispute between the complainant P.W.1 Prabhavati and the Respondents-accused. The complainant has stated that the accused persons came to her house and they abused her and threatened her. According to the complainant, the accused persons uttered the following words: . "Prabhavati take out all the clothes on your person and come out, I will throw you down on the road and murder you." It has been brought on record that the words "Prabhavati take out all the clothes on your person and come out, I will throw you down on the road and murder you" is an omission. She has not stated these words in her complaint. This omission cannot be said to be a minor omission and the omission goes to the root of the prosecution case. It also raises doubt in respect of remaining averments made by Prabhavati in her evidence. Moreover, it has been brought on record that first the accused persons had gone to the police station to lodge complaint against Prabhavati. Prabhavati was [-3-] called to the police station in respect of enquiry in the said complaint. It has been brought on record that as she had been called to the police station on the complaint of the accused persons, she had animus against the accused persons, hence, there was reason for her to falsely involve the accused. Looking to all these facts specially the major omission which has been brought on record, I am of the opinion that the view taken by the learned Magistrate is a reasonable and possible view, hence, no interference is called for. 6. Application for leave to appeal is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]