1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application (APPA) No. 59/2010 ( State of Maharashtra .vs. Ankush Tatyarao Suryawanshi ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. T.A. Mirza, APP for Applicant. CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATED : MARCH 08, 2010. Heard Mr. Mirza, learned APP for the applicant. By this application, the applicant seeks leave to appeal against the judgment and order of acquittal dated 12.11.2009 passed by the learned Sessions Judge, Chandrapur, in Sessions Case No. 114 of 2009 acquitting the respondent for the offence punishable under Sections 376 and 506 of IPC. The respondent was charged for committing rape on the prosecutrix in the cabin of the truck and for threatening the proxecutrix with dire consequences. The prosecution examined four witnesses to prove the case against the accused. The learned trial Court refused to place reliance on the evidence of the prosecutrix who at the relevant time was aged 35 years. The learned trial Court did not place reliance upon the evidence of the prosecutrix on the ground that she had not disclosed the act to the cleaner who was at the relevant time in the 2 vehicle nor tried to resist the act of the accused. The learned trial Court placing reliance upon the judgment of the Apex Court in the case of Dilip and another .vs. State of M.P. (2001) 9 Supreme Court Cases 452 refused to place reliance upon the sole testimony of the prosecutrix which was not supported by the medical evidence. Having heard learned APP for the applicant and having perused the record, we are of the considered opinion that this is not a fit case in which this Court should exercise jurisdiction to entertain appeal against acquittal. The findings recorded by the learned trial Court cannot be said to be perverse warranting interference by this Court. The view taken by the learned trial Court is probable one. In view of above, we do not find any ground to grant leave to appeal as sought by the applicant. Hence the application is dismissed. JUDGE JUDGE HALWAI