1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 268 OF 2011 State of Mah. thr PSO PS Gangazari Distt. Gondia Vs. Hetram Hagruji Khobragade Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri S. S. Doifode APP for applicant/State. CORAM: M. N. GILANI J. Dated: 15 th JULY, 2011. . Heard learned APP for the applicant/State. Regular Criminal Case No. 339 of 1994 was filed by the State against the respondent, for the offence punishable under Sections 498-A, 323 and 506 of Indian Penal Code. It was on the basis of the report lodged by Pramilabai wife of respondent. The learned Judicial Magistrate First Class, convicted the accused for the offences punishable under Sections 498-A, 323 and 506 of Indian Penal Code 2 and awarded him various sentences. Perused the judgment dated 17.11.2005 delivered by Judicial Magistrate First Class, Gondia, in Criminal Case No. 339 of 1994 and the judgment dated 13.12.2010 rendered by Adhoc Additional Sessions Judge, Gondia in Criminal Appeal No. 20 of 2005. The reasons assigned by the learned Additional Sessions Judge in para 8 of his judgment in disbelieving version of the prosecutrix are not appelable. Learned Additional Sessions Judge made reference to her admission in the cross examination that there was no talk of demand of money at the time of marriage nor prior to the marriage. In fact, it was the case of the prosecution that from time to time and for different reasons respondent was demanding money. On one occasion Rs. 8000/- were demanded to incur the expenses of Montessori Training which the prosecutrix underwent. Again there were demands like for buying motorcycle etc. Learned Sessions Judge also found fault with the evidence of the prosecutrix on the point that she did not report the matter to the police nor complained to the neighbourers. Practically such things never happen. Having gone through the judgment delivered by the 3 Judicial Magistrate First Class and the judgment of acquittal passed by the learned Additional Sessions Judge, I am of the view that arguable points are involved. Hence leave as prayed for is granted. APPEAL: Admit. Action under Section 390 Criminal Procedure Code. Bailable warrant the in sum of Rs. 5000/- be issued returnable within eight weeks. JUDGE svk 4 From the date of taking over charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M. N. Gilani was sitting at High Court Bombay as a Visiting Judge. T. A. /D. A. Bill of His Lordship may kindly be prepared. (S.V.Khot) P.S. to Hon'ble Judge. 5 6 7