cran2829.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2829 OF 2010 The State of Maharashtra ...Applicant Versus Laxman Venkat Kale and another ...Respondents ..... Mr. A.D. Rakh, A.P.P. for the applicant-State Mr. R.B. Deshmukh, advocate for respondents ..... CORAM: S. S. SHINDE, J. DATED: 4th FEBRUARY, 2011 PER COURT:- 1 Heard learned A.P.P. for the applicant-State and the learned counsel for the respondents. This application is filed seeking leave to prefer appeal against the judgment and order dated 12.4.2010 passed by the learned 5th J.M.F.C. Latur in S.T.C.C. No. 502 of 2009. 2 It is the case of the prosecution that the complainant had been to her field alongwith her daughters, son and one Ravi. At that time, accused came there and abused her and also uttered the obscene words and gesture on seeing the complainant. Thereafter at about 9.40 p.m. accused No.1 Laxman came in front of house of complainant and started abusing in filthy language. At that time, the scuffle cran2829.10 -2- between the son of complainant Shashi and accused took place. Accused gave teeth bite on the finger of left hand of Shashi. Thereafter, Rajubai and Ravi intervened and rescued them. Therefore, the complaint came to be lodged. 3 On the basis of complaint lodged by the complainant, crime No. 4 of 2009 came to be registered with Gategaon police station for the offences punishable under Sections 294, 509, 323, 504, 506 r.w. 34 of I.P.C After completion of investigation, charge sheet came to be filed against the accused persons. Afterwards the case was committed to the trial court. The learned trial Court after hearing the parties has been pleased to acquit the accused for the said offences. Hence, the State, being aggrieved and dissatisfied with the said order of acquittal of the respondents, has filed this application seeking leave to prefer appeal. 4 Learned A.P.P. submitted that though the eye witnesses are there, however, they are not believed by the trail court. Their evidence is discarded merely on the ground that they are interested witnesses. Therefore, learned A.P.P. would submit that this matter requires consideration. 5 Learned counsel appearing for the respondents submitted that cran2829.10 -3- except the interested witnesses, no other independent witnesses have been examined. There is no any corroboration to the evidence of alleged eye witnesses. He therefore, would submit that this Court may not entertain this application. 6 Upon hearing learned A.P.P. for the applicant-State and counsel for the respondent, I have perused contents of application, impugned judgment, record and proceedings, and it appears to me that the respondents herein were prosecuted for the offences punishable under Section 294, 509, 323, 504, 506 r.w. 34 of I.P.C. There is evidence of son and grandson of the complainant that one Sanjay Haralkar was present there at time of incident. However, the said independent witness viz. Sanjay Haralkar is not examined by the prosecution. Nothing has been placed on record to show that the complainant has sustained any injury. Neither the medical report was placed on record nor the Medical Officer is examined. Evidence of the prosecution witnesses does not inspire confidence and in absence of corroborative piece of evidence, the learned J.M.F.C. has rightly acquitted the respondents. In my opinion, no case is made out for interference. Hence, application seeking leave to prefer appeal is rejected. ( S. S. SHINDE. J.) rlj/ cran2829.10 -4-