1 (Crim appln 890 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5833 OF 2009 Shobha Bapu Mhatre ...Applicant Vs. Bapu Gulab Mehtre & Ors. ...Respondents ----- Mr.M.R. Deshpande for Applicant Mrs.P.P. Bhosale-APP for the State ----- CORAM: V.M. KANADE J. DATED: 18TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant. 2. This is an application for leave to file appeal against the judgment and order passed bY the J.M.F.C. Karmala, Dist. Solapur dated 30.10.2009. 3. By the said judgment and order, the Learned Magistrate was pleased to acquit the Respondent- Accused for the offences punishable under sections 109, 494 r/w. 34 of the Indian Penal code. 4. I have perused the said judgment and order. In my 2 (Crim appln 890 of 2010) view, there is no infirmity in the finding recorded by the Trial Court. It is submitted by the Learned Counsel for the Applicant that the Trial Court had not taken into consideration the birth certificate of the child which was born out of the second marriage which clearly indicates that the Respondent was a father of the girl. 5. In my view, the said birth certificate does not establish that the Respondent had legally married with the Respondent No.2. Perusal of the judgment and order of the Trial Court clearly discloses that sufficient evidence was not produced by the Applicant to prove the second marriage. 6. Hence, no case is made out by the Applicant to interfere with the order passed by the Trial Court. 7. Application to file leave to appeal is rejected. (V.M. KANADE J.)