1 cri appln 2016.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2016 OF 2010 The State of Maharashtra .. Applicant Versus Arvind Vishnu Urphate .. Respondent Shri V. G. Shelke, A.P.P. for the Applicant/State. Shri Joydeep Chaterjee, Advocate for the Respondent. CORAM : S. S. SHINDE, J. DATE : 02ND FEBRUARY, 2011. PER COURT : . Heard learned Additional Public Prosecutor for the applicant/State and learned counsel appearing for the respondent. Learned A.P.P. invited my attention to the impugned judgment and submitted that, though there was evidence of complainant and also there is corroboration of panch witness, Trial Court merely relying on minor contradictions disregarded the evidence, therefore, this Court may allow this application seeking leave to appeal. 2. On the other hand, learned counsel appearing for the respondent invited my attention to the findings recorded by the 2 cri appln 2016.10 Trial Court in para 19 of the judgment and submitted that, the prosecution has utterly failed to establish its case. There is no corroboration to the evidence of complainant. Learned counsel for the respondent relying on the judgment in the case of State of Maharashtra V. Shankar Krishna Parve reported in 2007 (3) Bom. C. R. 508 submitted that, the Trial Court has taken possible view, therefore, no case is made out to entertain this application. 3. Upon hearing the learned A.P.P. for State and learned counsel for the respondents, I am of the opinion that, the matter requires consideration. It is not the case that, nobody accompanied the complainant, panch witness was there and he has supported the prosecution story. It is true that, there are some contradictions, however, at the admission stage I feel it appropriate to admit the application. Hence, the application seeking leave to appeal from the judgment and order dated 15.02.2010 passed by the Special Judge & Additional Sessions Judge, Jalna in Special Case No. (PCA) 05/2008 is allowed and disposed of. The Registry is directed to register this application as appeal. [S. S. SHINDE, J.] bsb/Feb. 11