1 Appln 432-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.432 OF 2011 The State of Maharashtra .Applicant V/s. Shamrao Ramchandra Bawadekar .Respondent Mr.S.A.Shaikh, APP, for the Applicant - State None for the Respondent CORAM : R.C.CHAVAN, J. DATE : 11TH JULY, 2011 P.C. . Heard the learned Counsel for the respective parties. This is an application for leave to file an appeal against acquittal of the respondent for the offence punishable under Sections 452, 354, 323, 506 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and Section 7(1)(d) of the Protection of Civil Rights Act. The victim was married to her husband for 18 years and had 17 years old daughter at the time of incident. She and her daughter were in the house. Her husband had left for 2 Appln 432-2011 Mumbai in the evening by train. At 2:00 a.m. she claims to have heard a knock on the door and a request to open the door. She claims to have opened the door in the belief that it may be her husband's call. She found accused. She states in the examination-in-chief that accused tried to embrace her but in the cross examination she stated that he scuffled with her. The house was not isolated. The victim and her daughter claimed to have called the neighbours but none of the neighbours state having seen the accused. 2. In view of this, it cannot be said that view taken by the learned Sessions Judge, Kolhapur was perverse or erroneous. Leave refused. Appeal dismissed. 3. Criminal Application is disposed of. (R.C.CHAVAN, J.)