1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.397/2009 in Criminal Appeal No.---/2009 State of Maharashtra Vs.Dinesh Shriram Agaldare and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM: A.P. LAVANDE & R.C.CHAVAN, JJ. DATE : 30/03/2010. Heard Mr. Mirza, learned APP for the applicant/State. By this application, the applicant seeks leave to appeal from the judgment and order of acquittal dated 29th July, 2009 passed by Additional Sessions Judge-1, Washim acquitting the respondents of the offences punishable under Sections 323, 302 and 201 read with Section 34 of the Indian Penal Code. Mr. Mirza, learned APP submitted that the trial Court has wrongly disbelieved the evidence of Rukhmabai (PW 3) who was eye witness and her statement was recorded on the date of commission of offence i. e. 5.4.2007. Therefore, he submitted that the findings recorded by the trial Court are contrary to the evidence on record and as such the judgment and order of acquittal deserves to be set aside. 2 Having heard learned APP for the applicant and having perused record, we are of the considered opinion that no case is made out for grant of leave to appeal against acquittal passed by the trial Court. In our opinion, the trial Court has rightly refused to place reliance upon the evidence of Rukhmabai (PW 3) who claimed to be eye witness. Her son was charged for raping the daughter of maternal aunt of one of the accused and as such relation between her and the accused were strained. The findings recorded by the trial Court while acquitting the respondents of the offences for which they were charged cannot be said to be perverse warranting interference in appeal against acquittal. In our opinion, no case is made out for grant of leave to appeal. Hence, the application is rejected. JUDGE JUDGE Ambulkar.