1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Appeal No.278 of 2007 [State of Maharashtra v. Sunil Mahadeo Bobade] -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri T.A. Mirza, APP for Appellant/Applicant. CORAM : R.C. Chavan, J. DATE : 21st November, 2008 Criminal Application No.2072 of 2007 : This is an application for condonation of delay of 99 days in filing the application for leave to appeal against the judgment of acquittal. The sole respondent, i.e. the original accused, is duly served, but has not cared to appear. For the reasons mentioned in the application, the delay is condoned. Criminal Appeal No.278 of 2007 : This is an application under Section 378 of the Code of Criminal Procedure for leave to file appeal against the judgment of acquittal of the offence punishable under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act rendered by the learned 2nd Ad hoc Additional Sessions Judge, 2 Chandrapur. I have heard the learned APP for the State. He has also made available for my perusal the copies of depositions of the witnesses concerned. The learned Additional Sessions Judge acquitted the accused in disbelieving the complainant's version that at about 8.30 p.m. when she had gone to answer the nature's call, the accused caught hold of her hand. The story of the accused was that he had in fact gone to demand a sum of Rs.2,100/-, which was due from the family of the complainant towards grocery purchased from his shop and that he was beaten up by the family members of the complainant. He states that thereafter an attempt to settle the matter was made at the house of the former MLA, but since it failed, he lodged a report to the police and was referred for medical examination as well. The learned Additional Sessions Judge disbelieved the complainant first, because the complainant and her father PW 2 Pocham gave different directions from the residential house as to the place where the complainant had gone to answer the nature's call. Secondly, the learned Judge found that while PW 1 Complainant had denied that there was any attempt to settle the matter at the house of the former local MLA, her father admitted that such was the fact. And thirdly, even PSI Landge initially denied that the accused was referred to medical examination, but when confronted with the requisition, admitted that he had in fact referred the accused for medical examination. It may further be noted that the houses of the complainant and the accused are just adjacent and even grocery shop of the accused is nereby. Time of 3 incident is just 8.30 p.m., i.e. not in the dead of night. In view of this, the view taken by the learned Judge cannot be said to be a perverse or improbable calling for interference. Therefore, leave refused. Appeal is dismissed. JUDGE pdl