1 APPLN-5851.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.5851 OF 2010 The State of Maharashtra .... Applicant Vs. Sandip Shivaji Jadhav .... Respondent Ms M.M. Deshmukh, APP, for the Applicant-State. CORAM: R.C. CHAVAN, J. DATED: JULY 04, 2011 P.C: This is an application for leave to file appeal against acquittal of the respondent for the offences punishable under Sections 289 and 337 of the IPC, ordered by the learned Judicial Magistrate, First Class, Satara. The allegation was that the respondent let loose his domesticated monkey at the first informant and the monkey took a bite of the calf of the first informant. The learned Magistrate rightly found that the first informant's real brother was also allegedly present at the spot but was not examined. One Uday, who was examined, did not state that he had seen any monkey at the spot. The learned Magistrate also found that 2 APPLN-5851.10 the first informant was exaggerative in his deposition since he stated that he was unconscious for the whole day when he had given the report on the same day. The witness in the case has turned hostile. It cannot be said that the view taken by the learned Magistrate is perverse or improbable. Leave refused. Appeal dismissed. (R.C. CHAVAN, J.)