1 APPLN-4732.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.4732 OF 2010 The State of Maharashtra .... Applicant Vs. Digambar Namdeo Gaikwad .... Respondent Shri S.A. Shaikh, APP, for the Applicant-State. Shri Sandeep S. Salunkhe for the Respondent. CORAM: R.C. CHAVAN, J. DATED: JULY 07, 2011 P.C: This is an application for leave to file appeal against the acquittal of the respondent ordered by the learned Addl. Chief Judicial Magistrate, Pune. The victim is a Deputy Collector. She was travelling with the respondent in a car after attending to some official work. On way, the respondent is alleged to have opened the zip of his pants and held the hand of the victim. The victim did not report the matter to anyone till the next day. She did not disclose it even to her husband who had come back in the night. The learned Magistrate disbelieved the victim's story 2 APPLN-4732.10 holding that it lacked corroboration. The learned APP may be right in submitting that the driver could not have seen what was happening on the rear seat of the car and also may be right in submitting that out of modesty the victim might not have disclosed about the incident to her husband immediately. He may also be right in submitting that there was some justification for the victim to report late. But that does not mean that the view taken by the learned Magistrate is perverse or improbable. Merely because the learned Magistrate could have taken another view of the matter or could have believed the victim, the judgment could not be set aside. The learned Magistrate had the opportunity of seeing the victim in person. She has been cross-examined at length. She and the respondent had in fact admittedly been together to Jaipur and Mumbai for various official purposes and stayed in a hostel but in adjacent rooms in Jaipur. Therefore, the incident may or may not have occurred. Since the learned Magistrate took the view that the incident has not been proved, no interference is called for. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)