IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3501 OF 2007 CRIMINAL APPLICATION NO. 3501 OF 2007 CRIMINAL APPLICATION NO. 3501 OF 2007 The State of Maharashtra .... Applicant versus Smt.Nanda Balasaheb Shinde ...... Respondent. Mr. P.A.Pol APP for state. Mr. R.S.Apte i/b N.R.Bafna for respondent. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 5TH MARCH, 2008 DATED; 5TH MARCH, 2008 DATED; 5TH MARCH, 2008 P.C.; P.C.; P.C.; 1. The applicant has filed this application for seeking leave to file an appeal against the judgment and order of acquittal passed by the Additional Sessions Judge No.1 Thane dated 24-7-2007, The respondent was prosecuted for the offence punishable under sections 323, 504 of IPC and section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 2. The complainant P.w.1 Smt. Suchita Pawar was, at the relevant time, working as Head Mistress in Panchasheel Shala. The accused was working as an Assistant teacher under the complainant. Record reveals that the accused was terminated from service by the complainant and hence she had filed an appeal before the Presiding officer of the Tribunal. The Tribunal allowed the appeal and directed reinstatement of the accused with backwages from the date of termination till reinstatement. Despite the order passed by the School Tribunal the complainant did not reinstate the accused and hence the Education Officer was constrained to direct the Head Mistress to reinstate the accused. Ultimately, the accused came to be reinstated sometime in November/December 2005. The backwages were not paid. After reinstating the accused, she was again terminated. From, the facts and material brought on record, the trial court has concluded that the complainant and the accused were on enimical terms and the other witnesses were supporting the complainant as they were working under her. 2. The incident had allegedly taken place on 12-12-2005. The complaint was filed by the complainant on the same date. In the said complaint made to the police station, there is no mention of anything being said by the accused in relation to the caste of the complainant. Thus, N.C. was registered and the offences under sections 323 and 504 of IPC only were shown. On the next day i.e. on 13-12-2005 the complainant sent a letter to the Commissioner of Police, where she tried to improve the case by making a reference to some of the utterances allegedly made by the accused by reference to her caste. In the said letter the complainant did not mention her caste and the caste of the accused, nor anything is said about the accused not being of the caste to which the complainant belongs. Yet again a third complaint was made on 17-3-2005 and the last complaint is yet again made to Vartak Nagar police station on 20-12-2005. After perusal of the complaint, the trial court has reached a finding that an calculated attempt is made by the complainant to improve the case which relates to the provisions of Schdeuled Caste and Scheduled Tribe (Prevention of Atrocities) act. 3. I have perused the judgment impugned. The relations between the complainant and the accused were totally strainged on account of termination of the accused and passing of an order of reinstatement with back wages by the Tribunal. The backwages were not paid and though the accused was reinstated, she was again terminated. In these facts, the trial court has found that the prosecution has failed to establish the guilt beyond reasonable doubt and hence acquitted the accused. The view taken by the trial court does not call for any interference. Hence application is rejected. ...