1 IN THE HIGH COURT OF JUDICMTURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Appeal No. 724 of 2008 State of Maharashtra v. Pundlikrao and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.S. Sonare, APP for appellant-State Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 11th December 2008 1. Heard Mr A.S. Sonare, learned Addl. Public Prosecutor for appellant-State. The present appeal is against the judgment and order of acquittal passed by the trial Court whereby all the respondents came to be acquitted of the offence punishable under Section 498A read with Section 34 of the Indian Penal Code and respondent no.3 Ajay came to be acquitted of the offences punishable under Sections 376 and 506 of the Indian Penal Code. 2. Considered the contentions canvassed by learned Addl. Public Prosecutor and perused judgment of the Trial Court. The Trial Court has, in fact, considered evidence of prosecutrix and found that her evidence is not trustworthy and acquitted the 2 accused. The Trial Court has also observed that the material on record would show that the prosecutrix was either a consenting party or lodged complaint only because accused Ajay who was staying with her wanted to marry some other lady. 3. Be that as it may, the Trial Court, in our view, has taken into consideration the evidence on record and is justified in acquitting the respondents for the offences with which they were charged. It is well settled that so far as appeal against acquittal is concerned, unless the order is perverse and not completely sustainable in law, in such situation alone the High Court should interfere. Similarly, when there are two views possible, the one which is in favour of the accused is required to be accepted. 4. Taking into consideration all these aspects, there is no merit in this appeal. The same is dismissed. Judge. Judge. hsj