1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 343 OF 2011 State of Mah. PSO Anti-Corruption Bureau Chandrapur Vs. Shankar Tukaram Mangare ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri D. B. Patel APP for applicant/State. CORAM: M. N. GILANI J. DATED: 12th AUGUST, 2011. . This is an application for permission to file an appeal against the order of acquittal dated 28.02.11 passed by Special Judge 2, Chandrapur in Special Case No. 10 of 2004. The accused (respondent herein ) is the Principal in Janata Vidyalaya-cum-Junior College Gondpipari. The complainant Pritam is a student who had failed in 12th Std. Examination and wanted re-admission in the said college Gonbdpipari. The accused demanded Rs.5000/- from the complainant. The complainant paid Rs. 3500/- and before paying balance amount of Rs.1500/- he approached the Anti Corruption Bureau and lodged the complaint. 2 A trap was laid and the accused was caught raid handed while accepting the bribe. The case of the prosecution is discarded on the ground that complainant turned hostile. He changed his version from time to time. Even the learned Special Judge found fault with the evidence of pancha witness. In para 15 of the judgment learned Special Judge discussed in detail the testimony of the complainant. In para 16 there is a reference to the admissions given by the complainant in his cross examination. In that light of the matter learned Special Judge came to the conclusion that offence with which the accused was charged has not been proved. Findings recorded by the trial Court do not appear perverse or contrary to material on record. Where two views on appreciation of evidence are possible, one favourable to accused is to be accepted. This principle should be more vigorously applied when appeal against acquittal is under consideration. Reference can usefully be made to a decision of this Court in State of Maharashtra Vs. Bittu @ Gurumitsingh & Ors. 2006 Cri. L. J. (NOC) 267 (BOM). Leave refused. JUDGE 3 svk From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.