IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3654/2008 ( Smt. Ratna Maroti Chouke vs. Kisna Yadaorao Rane and 6 others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 15 th APRIL, 2009 Heard Shri Wankhede, Advocate, for the applicant/original complainant. This is an application for grant of leave to file appeal against the judgment of acquittal of the respondents rendered by Judicial Magistrate, First Class, Dhamangaon Railway, in R.c.C. No. 555/2005. The offences alleged against the respondents are under Sections 323, 594, 596 r/w 34 of the I.P.C. The incident is of 20.4.2005. The learned trial court has observed, as pointed out by the learned counsel for the applicant, that the evidence of the complainant is supported by the evidence of PW-2 Pramod as well as evidence of PW-3 Dhadmale and therefore, according to him, the learned trial Judge should not have acquitted the accused/ respondents. No doubt, the learned trial Judge has observed that the evidence of complainant is supported by evidence of other two witnesses, the fact remains that they are husband and near relatives of the complainant as observed by the learned trial Judge. The absence of medical evidence which has been considered by the learned trial judge as a ground for acquittal of the respondents has been tried to be explained by the learned counsel, saying that they were not at all examined by the Medical Officer as the report of the complainant was not taken by the concerned Police Station. It appears that the offence is of 2005. The respondents who are 8 in number had faced the trial till 2008 when they were acquitted. The benefit of doubt has been accorded to the respondents. It appears that the learned trial Judge has also observed that the complainant had failed to given evidence as regard words uttered by the respondents. In these circumstances, I am not inclined to exercise discretion to grant leave for appeal against acquittal. Application dismissed. JUDGE Rvjalit