1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.803 OF 2011 The State of Maharashtra .Applicant V/s. Vijay Shripat Shirke & ors .Respondents Ms R.M.Gadhavi, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 28TH NOVEMBER, 2011 P.C. . Heard the learned APP for the applicant  State. 2. This is an application for leave to file an appeal against acquittal of the respondents for the offences punishable under Sections 147, 148, 447, 427, 509, 504, 506 read with Section 149 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 7(1)(d) of the Protection of Civil Rights Act by the learned Special Judge, Khed. Leaving apart the fact that the 2 learned Judge relied on Judgment in Manohar M. Kulkarni v/s. State of Maharashtra, reported at 2005 Cri.L.J.4653 which has been overruled in the Judgment of the Supreme Court in ASHABAI MACHINDRA ADHAGALE Versus STATE OF MAHARASHTRA AND OTHERS, reported at (2009) 3 Supreme Court Cases 789, there are other discrepancies in evidence which prevailed upon the learned Judge to refuse to rely upon the prosecution case. Two eye witnesses by name Anil Chiplunkar and Prakash Chiplunkar were available, but none was examined. The prosecution examined the first informant, Vanita, three panchas and the investigating officer to prove such serious offences mainly constituted by words uttered, for proving involvement of eight persons along with several others. It cannot be said that the learned Judge's refusal to rely on uncorroborated word of Vanita was erroneous. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.) 3