1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2110 OF 2007 APPLICATION NO.2110 OF 2007 APPLICATION NO.2110 OF 2007 inin in CRIMINAL CRIMINAL CRIMINAL APPEAL NO. APPEAL NO. APPEAL NO. OF OF OF 2007 2007 2007 The The The State of Maharashtra .. Applicant State of Maharashtra .. Applicant State of Maharashtra .. Applicant vs vs vs Santosh Santosh Santosh Maruti Navatre & 7 ors.. Respondents Maruti Navatre & 7 ors.. Respondents Maruti Navatre & 7 ors.. Respondents Ms.A.T.Zaveri Ms.A.T.Zaveri Ms.A.T.Zaveri APP for Applicant APP for Applicant APP for Applicant Mr.P.G.Kulkarni Mr.P.G.Kulkarni Mr.P.G.Kulkarni h/f Mr.P.G.Sarda for h/f Mr.P.G.Sarda for h/f Mr.P.G.Sarda for Respondent Respondent Respondent nos. 1 to 8 nos. 1 to 8 nos. 1 to 8 CORAM: CORAM: CORAM: R.S.Mohite, J R.S.Mohite, J R.S.Mohite, J DATED: DATED: DATED: 10th March, 2008 10th March, 2008 10th March, 2008 P.C. P.C. P.C. 1.1.1. Heard both sides. Heard both sides. Heard both sides. 2.2.2. This is an appeal against acquittal filed by the This is an appeal against acquittal filed by the This is an appeal against acquittal filed by the State State State of Maharashtra. The acquittal is for the of Maharashtra. The acquittal is for the of Maharashtra. The acquittal is for the offence offence offence under section 3 (i) (x) of the Atrocities under section 3 (i) (x) of the Atrocities under section 3 (i) (x) of the Atrocities Act Act Act read with sections 143, 147, 323, 504 read with read with sections 143, 147, 323, 504 read with read with sections 143, 147, 323, 504 read with section section section 149 of the Indian Penal Code. On perusing 149 of the Indian Penal Code. On perusing 149 of the Indian Penal Code. On perusing 2 the the the impugned Judgment and order, I find that cogent impugned Judgment and order, I find that cogent impugned Judgment and order, I find that cogent reasons reasons reasons are given for recording the acquittal. are given for recording the acquittal. are given for recording the acquittal. Caste Caste Caste of the accused as well as of the complainant of the accused as well as of the complainant of the accused as well as of the complainant are are are not mentioned in the F.I.R. and our Court has not mentioned in the F.I.R. and our Court has not mentioned in the F.I.R. and our Court has taken taken taken a view that in such a case, charges under the a view that in such a case, charges under the a view that in such a case, charges under the Atrocities Atrocities Atrocities Act cannot be sustained. As regards Act cannot be sustained. As regards Act cannot be sustained. As regards other other other sections, sections, sections, no injury certificate is produced on no injury certificate is produced on no injury certificate is produced on record. record. record. The witnesses have been held to be The witnesses have been held to be The witnesses have been held to be interested interested interested witnesses. In my view, not a fit case witnesses. In my view, not a fit case witnesses. In my view, not a fit case for for for interference in an appeal against acquittal. interference in an appeal against acquittal. interference in an appeal against acquittal. Hence, Hence, Hence, leave refused. Consequently, appeal papers leave refused. Consequently, appeal papers leave refused. Consequently, appeal papers toto to be filed. be filed. be filed. ( R.S.Mohite, J ) R.S.Mohite, J ) R.S.Mohite, J )