1 Criminal Appl.No.1678 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1678 OF 2011 The State of Maharashtra APPLICANT VERSUS Navnath Bansi Kumkar RESPONDENT Mr.S.D.Kaldate, learned counsel for the applicant. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 28/06/2011 PER COURT : 1. This is an application by which the applicant/State seeks leave to file appeal against the judgment of the District Judge-5 and Additional Sessions Judge, Ahmednagar dated 10/01/2011 in Sessions Case No.25/2010, acquitting the respondent accused for offence punishable u/s. 307, 324, 504, 506 of the IPC. 2. The Trial Court has disbelieved the evidence of P.W.No.5 Raju who is the victim and has also disbelieved the evidence of P.W.No.6, who is also an eye witness on the ground that their evidence is not corroborated by the evidence of independent witnesses. The Trial Court has also drawn adverse inference against the prosecution for 2 Criminal Appl.No.1678 of 2011 not having examined Priyanka, daughter of P.W.No.6. 3. We have heard the learned A.P.P. for the applicant and we have perused the evidence recorded by the Trial Court. Upon such perusal, according to us, this is a fit case for granting leave. 4. Accordingly, criminal application is allowed. Leave as prayed for is granted. Appeal stands admitted. Action u/s. 390 of the Cr.P.C. be taken by the Trial Court, by issuing bailable warrant for Rs.20,000/- against the respondent accused. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JUNE 2011/cri.appl.1678-11