1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.103 OF 2009 IN CRIMINAL APPEAL NO. OF 2008 Vipal Jaimal Valmiki .. Applicant V/s. Dilip Vinayak Patki & Ors. .. Respondents Mr.S.D.Rupawate for the Applicant Mr.M.S.Mohite, for Respondent Nos. 1 and 2. Mr.P.A.Pol, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : JUNE 16TH,2009. P.C. Heard rival submissions at length on the present application for leave to appeal against the acquittal of Respondent Nos.1 and 2, police officers in the matter of offence punishable under section 323 and 324 of Indian Penal Code and under section 3 (1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act,1989. 2 2. On perusing the record and the copy of the impugned Judgment, it appears that total 10 witnesses were examined by the complainant party. It is the factual position that when alleged abuses on the caste were given to the complainant and his other relatives who had come on the spot to rescue him, it was tried by the complainant to lodge a police complaint. However, apparently, as alleged by the complainant, the accused person who were the police officers and hence said complainant was not entertained and complainant was compelled to file private complaint and which came before the Sessions Court, Mumbai and ended in acquittal, as mentioned above. 3. Out of 10 witnesses, 9 witnesses have deposed almost the same story as given by the main witness complainant P.W.1 as to assault and abuse on the caste of Respondent Nos.1 and 2. Last prosecution witness is doctor, who produced medical record recording examination of the injured witnesses in K.E.M. Hospital, at the relevant time. It appears that the medical record has not been accepted by the Court for the reasons mentioned and for short for the reasons that the alleged assault on the complainant and others was for 15 to 20 3 minutes, however, the injuries were not so serious, as reported in the medical papers. 4. After hearing the rival submissions and after going through the papers, in the opinion of this Court, here it is the matter which is require to be tried in appeal in order to ascertain the correctness and legality of the impugned Judgment and order of acquittal. Consequently, the present application for leave, is allowed. Appeal is admitted. 5. Call for R & P. (A.R. JOSHI, J.)