1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.75/2009 The State of Maharashtra, Through the P.S.O., Pusad City, District Yavatmal ...Versus... Hanumanta Bhanudas Mokhande and another -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri O.D. Kakde, APP for appellant] CORAM:- A.B. CHAUDHARI, J. DATED :- 27.02.2009 This appeal is directed against the judgment and order dated 7.10.2008, passed by the Additional Sessions Judge, Pusad, setting aside the conviction of the respondents, recorded under Section 7 (1) (d) of Protection of Civil Rights Act in entirety. In support of the appeal, learned A.P.P. argued that the appellate Court ought not to have interfered with the well reasoned judgment and order of the trial Court, convicting the respondents for the offence charged. 2 I have gone through the judgments of the Courts below and I find that though the alleged abuses were said to have been given to the complainant in the presence of his wife, while deposing in the Court there is material departure in the evidence of both the witnesses. Both these witnesses stated some different abuses though of similar nature. But then the appellate Court has given benefit of doubt to the respondents upon appreciation of evidence on record. I do not find any merit in the present appeal against acquittal. The same is, therefore, dismissed. JUDGE ssw