FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3023 OF 2009 (FOR LEAVE TO FILE APPEAL) IN CRIMINAL APPEAL NO. OF 2009 [THE STATE OF MAHARASHTRA V/S.DEEPAK HARISHCHANDRA WAGHARE] -------------------------------------------------------------------------- Office Notes, Office Memoranda of : Coram, appearances, Court’s orders : or directions and Registrar’s : Court’s or Judge’s orders orders : -------------------------------------------------------------------------- Mr.J.P.Kharge,APP for State-applicant. None for the respondent. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 27TH AUGUST, 2009. PC :- 1. This application is filed by the State seeking leave to file appeal against the judgment and order dated 23rd April, 2008 by which the respondent was acquitted of the offence punishable under Section 354 IPC. 2. Heard the learned APP. 3. Perused the impugned judgment. The impugned judgment shows that as per the complainant on account of misbehavior by the respondent, the blouse that she was wearing got torn and its buttons got broken. Admittedly, the blouse was not seized by the police. There is no spot panchanama conducted. The applicant has examined only herself and her husband. The evidence of the husband is hear-say evidence. The complainant is alleged to have disclosed the alleged incident first to her mother-in-law and sister-in-law. These persons have not been examined by the prosecution. It is brought on record that there is rivalry in the village between two groups and the complainant belongs to one of the groups. The complainant also does not get along well with most of the villagers. In these circumstances, the view taken by the learned Judge is a reasonable and possible view. It does not require any interference. Hence, the application for leave to file appeal is rejected. 4. With rejection of the application for leave to file appeal, the appeal does not survive. The same also stands dismissed. (Judge)