1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.777 OF 2011 The State of Maharashtra .Applicant V/s. Sudhir Dattaram Sawant & ors .Respondents Ms Rajeshree Gadhvi, APP, for the Applicant - State None for the Respondents CORAM : R.C.CHAVAN, J. DATE : 7TH DECEMBER, 2011 P.C. . Heard the learned APP for the applicant  State. 2. This is an application for leave to file an appeal against acquittal of the respondents ordered by the learned Special Judge, Sindhudurg  Oros for the offences punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and under Sections 509, 2 504, 506 read with Section 34 of the Indian Penal Code and under Section 7(1)(d) of Protection of the Civil Rights Act. The learned Judge upon appreciation of evidence of the first informant, who was examined as PW-2 and her husband, who was examined as PW-3 came to hold that their testimonies did not inspire confidence. First, there was delay in lodging the report. In the report lodged with the police for the first time, there was no reference to the caste based abuses. Caste based abuses came to be included only in the supplementary statement. The first informant also seems to have filed a private complaint against police officer for not properly investigating this case. No independent witness was examined. All the allegations which constitute offences are mere use of words and therefore, in the absence of proper corroboration, it cannot be said that the learned Judge erred in concluding that the 3 charges were not proved. If something took place in public, there has to be eye witness particularly, neighbours. The first informant states that houses of Patil & Gosavi are near his house but no one has been examined. Instead one Sushila Naik was examined, who is, in fact, not the first neighbourer. In view of this, it cannot be said that view taken by the learned Judge was perverse or improbable. Leave refused. Appeal dismissed. (R.C.CHAVAN, J.)