[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1766 OF 2007 IN CRI.APPEAL NO. OF 2007 The State of Maharashtra ..Applicant Vs. Jalandar Daji Rokade ..Respondent ... Mr.Rajesh More APP for State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : MAY 05, 2008 DATE : MAY 05, 2008 DATE : MAY 05, 2008 P.C. P.C. P.C. 1. The Applicant-State has preferred this application for leave to file appeal against the judgment and order dated 31.1.2007 passed by the learned Special Judge Jaysingpur in Sessions Case No. 3 of 2004. By the said judgment and order, the learned Special Judge has acquitted the Respondent-accused of the offences under Sections 7, 13(10(d) read with Section 13(2) of the Prevention of Corruption Act. 2. I have heard the learned APP for the State. I have perused the evidence which has been produced by him as well as the judgment and order. [-2-] 3. It is the prosecution case that Laxmibai was assaulted on 5.6.2002. She went to the police station and she was referred to PHC. At PHC she was examined by Respondent-accused on 5.6.2002 and thereafter, the Respondent-accused demanded money from her to issue medical certificate. In the evidence of PW 1 Laxmibai, she has stated that she was assaulted on 5.6.2002. She went to the Police Station on 5.6.2002 and she was referred to Primary Health Centre (PHC) and Doctor examined her on 5.6.2002. Doctor prescribed medicines and took Rs.80/- from her. Thereafter, she was called on 10.6.2002 for the medical certificate and demand was made by the accused to give medical certificate. On perusal of the cross-examination of PW 1 Laxmibai, it is seen that she has stated that she had gone to the police station around 2 p.m. on 5.6.2002. Thereafter, she went to PHC, however, hospital was closed, hence, she went to the hospital of Dr.Mane. She was admitted in the hospital of Dr.Mane on 5.6.2002 and she was there for about 3 days. Thereafter, she has tried to change her version. She has stated that on 6.6.2002, the accused had examined her. However, if as per her say, she was admitted in the hospital [-3-] of Dr.Mane on 5.6.2002 and she was there for about 3 days, it was not possible for her to have left the said hospital and gone to PHC to get herself examined and to get medicines prescribed for her by the Respondent-accused working as Doctor in PHC. It clearly appears that complainant is trying to suppress some facts. Looking to the admissions of the complainant which have been brought out in the cross-examination there appears to be serious doubt about the credibility of the evidence of the complainant. The learned Special Judge has taken all the above aspects into consideration as well as other aspects and thereafter, he has acquitted the Respondent-accused. Looking to the evidence on record, I am of the opinion that the view taken by the learned Special Judge is a reasonable and possible view. Hence, no interference is called for. 4. Application for leave to file appeal is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]