1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.APPA 339 OF 2010. STATE OF MAHARASHTRA THROUGH PSO SEVAGRAM VS VITHAL S/O GOPALRAO HIVARE AND ANOTHER ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri D. B. Yengal, APP for applicant. Mrs. Anjali Joshi, Advocate for respondent. CORAM : A.H. JOSHI, J. DATE : 18th MARCH, 2010. 1. The Criminal appeal is taken up for hearing. 2. The judgment of acquittal is based on finding which reads as follows :- “19. P. W. 2 Kisan is claiming that incident took place in the medical shop of Jyoti. But P.W.2 Kisan has admitted that there is no medical shop in the name of Jyoti at Pawnar and there is no house standing in the name of Jyoti at Pawnar. According to the accused persons, there is no such medical shop of complainant Jyoti at Pawnar. The above referred the admissions of 2 P.W. Kisan is supportable to the case of defence. IN addition to this complainant Jyoti has also admitted the fact that she is not holding any diploma certificate in pharmacy and she is not possessing any license to run the medical shop in her name. Accused has strongly stated that there is no medical shop of complainant Jyoti at Pawnar. Therefore, there is no question of happening of such incident in the medical shop of complainant Jyoti. Inspite of this, prosecution has not taken care to produce any license or any other documentary evidence to show that medical shop is situated at Pawnar. It was essential to produce the same on record. Because accused persons are facing the trial of offence in respect of committing the criminal trespass in the medical shop of Jyoti. 20. Further more complainant Jyoti in her cross examination has admitted that she is residing at Nagpur and her children are taking education at Nagpur. If it is so, then there is no question to run the medical shop by her at Pawnar. It is not her case that she used to come and go to Wardha from Nagpur for running medical shop.” 3. The findings quoted above are not shown to be erroneous. 3 4. In this background, this Court sees no merit in the appeal. 5. Appeal is dismissed. Judge //mule//