:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1983 OF 2008 The State of Maharashtra. ..Applicant. Vs. Motiram K. Shirwadkar. ..Respondent. Mr.A.S.Shitole, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 28th August, 2008 P.C. P.C. P.C. 1. This is an application for leave to file appeal filed by the State. The accused has been acquitted for offence punishable under Section 3(1)(x) of the Atrocities Act read with 34 of the I.P.C. and Section 7(1)(d) of the Protection of Civil Rights Act and Sections 504 and 506 read with 34 of the I.P.C. As regards acquittal under Civil Rights Act and the Atrocities Act one of the ground is that the name of the caste of the accused is not mentioned in the complaint. This court has held that this is fatal to the prosecution. Even if the prosecution case is accepted, the evidence is doubtful if offence under Section 504 and 506 is committed by the accused. Hence, leave refused. Application is accordingly disposed off. (R.S. MOHITE, J.)