1 APPLN 735/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 735 OF 2011 The State of Maharashtra : Applicant. versus Ganesh Indrajit Dusane and ors. : Respondents. Mr. J P Yagnik, APP, for the State/Applicant. CORAM : NARESH H PATIL & K U CHANDIWAL, JJ DATE : 27TH JULY 2011 P.C. 1 Heard. 2 Perused the record, more precisely evidence of PW Nos.1, 4, 8 and medical evidence. Considering the reasoning given by trial Court, we find that prosecution has failed to make out a case against Original Accused Nos.2, 3 and 4. The reasoning adopted by the trial Court in disbelieving the evidence given by the prosecution witnesses against Original Accused Nos.2, 3 and 4 cannot be discarded. 3 We have noticed that there is a strong prima facie case made out by the prosecution against original Accused No.1 Ganesh Indrajit Dusane. Hence leave is granted to file appeal against original Accused No.1 Ganesh Indrajit Dusane. 2 APPLN 735/11 4 So far as Original Accused No.2-Mahendra Indrajit Dusane, Accused No.3-Mukesh Indrajit Dusane and Accused 4-Sau.Lata Indrajit Dusane are concerned, leave to file appeal against them is refused. 5 Action under Section 390 of the Criminal Procedure Code be taken against original Accused No.1-Ganesh Indrajit Dusane. (K U CHANDIWAL, J.) (NARESH H PATIL, J.)