/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.35 OF 2005 The State of Maharashtra ...Appellant V/s. Sou. Sushila Bharat Jagtap ...Respondent Shri.J.P. Yagnik APP for the Appellant/State. Shri.Ajay A. Joshi for Respondent. CORAM : V.M. KANADE, J. DATED : 11th FEBRUARY, 2008. P.C:- 1. Heard learned APP for the State and learned counsel for the Respondent/Accused. 2. State is challenging the judgment and order passed by the Judicial Magistrate, First Class, Court No.3, Pandharpur, Dist. Solapur. By the said judgment and order dated 07/05/2004, the learned Magistrate was pleased to acquit the Respondent/Accused for the offences punishable U/s.171(b) and 188 of IPC. 3. Brief facts in nutshell, are that Respondent/Accused was contesting an election and that she had distributed the umbrellas to the voters and solicited for votes by giving these umbrellas. Prosecution / 2 / examined as many as eleven witnesses. I have perused the impugned order. It has been admitted by all the witnesses that Accused was given symbol of an Umbrella in the said Grampanchayat Election. Panch witnesses did not support the prosecution case and it was not established as to how witnesses received information about the incident and how muddemal articles were seized. This is in respect of crucial part of the evidence of seizure of the umbrellas which were sought to be distributed that the prosecution was unable to establish its case. After having examined evidence of eye witnesses, the Trial Court has come to the conclusion that the prosecution had not established its case against the Accused. 4. In my view, there is no infirmity in the order passed by the Trial Court. The Trial Court has taken into consideration evidence on record and has given cogent reasons before recording finding that the prosecution had not established its case. In my view, there is no reason to interfere with the order passed by the Trial Court. Leave is accordingly, refused. . Appeal is disposed of accordingly. . V.M. KANADE, J. / 3 /