1 appa 122 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 122 OF 2010. in CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra .. Applicant -versus Sameer Amin Shaikh .. Respondent. Mr. Y. M. Nakhawa, APP for the Applicant State. CORAM: R.C. CHAVAN, J. DATED: 6th January, 2011 P.C. 1. This is an application for leave to appeal against the judgment of acquittal by the learned Judicial Magistrate First Class, Jawhar, whereby he acquitted the respondent for the offences punishable under Sections 354 and 506 of the AIndian Penal Code. 2. I have heard learned APP. 3. Respondent was tried for allegedly assaulting the prosecutrix, a student, in school premises at about 9.30 a.m, in a stair case. She claimed that her class-mate had already left for the play ground. She was left behind. She closed the door of the classroom and was going by the stair case, when the respondent allegedly held her hand and put a nylon cloth around her neck and 2 appa 122 of 2010 thereafter pulled her to balcony. As the prosecutrix pricked the respondent with a pin, he left her. Teachers by name Sonawane and Zinjurde were going to their classes and on hearing their voice, respondent allegedly ran away. On behalf of the prosecution, prosecutrix as well as her brother were examined, but neither teachers Sonawane and Zinjurde nor Head Mistress Mrs. Parkar, to whom incident was immediately allegedly reported, were examined. 4. In view of this, it cannot be said that the view taken by the learned Magistrate that in the gap of five minutes between two classes in a small stair case, leading from class room to the play ground, such incident could not be occurred without being noticed by others is untenable. Therefore, the present application for leave to appeal is rejected. Appeal dismissed. (R. C. CHAVAN, J.)