1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 329 of 2009 IN Criminal Application No. of 2009 IN Criminal Appeal No. of 2009 [State of Mah. Vs. Gunwant G. Marotkar] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. D.B. Yengal, APP for the applicant. Mr. Amol Mardikar, Adv., for the respondent. ----- CORAM : A.H. JOSHI, J. DATE : 06th April, 2010. Heard. Perused the reply. Accepting the reasons contained in the application to be good and sufficient, delay of 42 days caused in filing of application for leave to appeal is condoned. Judge |Hedau| 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. of 2009 IN Criminal Appeal No. of 2009 [State of Mah. Vs. Gunwant G. Marotkar] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. D.B. Yengal, APP for the applicant. Mr. Amol Mardikar, Adv., for the respondent. ----- CORAM : A.H. JOSHI, J. DATE : 06th April, 2010. 1. This is an application seeking leave to appeal against the order of acquittal passed by the learned Special Judge, Nagpur, in Special Case No. 5 of 2005. 2. The learned Special Judge found the prosecution case doubtful on two grounds, namely:- [a] That, the complainant has turned hostile and supported the defence in the cross- examination. [b] The accused has couched a story of defence, which the learned Special Judge found it to be probable. 3 3. Heard learned APP Mr. Yengal for the applicant and learned Adv. Mr. Amol Mardikar for the respondent. 4. Since the stand taken by the complainant and the defence taken by the accused concurred, the finding recorded by Special Jude that the defence is probable and the strength of hostile witness who supported defence in cross- examination has its own limitations. 5. Both these grounds found by the Special Judge are based on material on record. 6. The view taken by the Special Judge is most probable. 7. In the circumstances, no interference is called for. 8. Application and appeal are, therefore, rejected. Judge |Hedau|