1 appln3856.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.3856 OF 2010 In CRIMINAL APPEAL NO. OF 2010 Smt.Jayashree Waghmare : Applicant (Orig. Complainant) V/s. Vithal Lalasaheb Shinde & Ors. : Respondents .... Mr.Shailesh More i/b. Mr.Mahesh M. Thorat for the applicant. Mrs.A.S.Pai, Addl. Public Prosecutor for the State. .... CORAM : D.D. SINHA & A.P.BHANGALE,JJ. DATE : OCTOBER 06, 2010. P.C.: Heard the learned counsel for the applicant. 2. This Criminal Application is directed the judgment and order dated 15.2.2010 passed by the learned Ad hoc Asstt. Sessions Judge, Satara, whereby the respondent nos.1 & 2 (original accused nos.1 & 2) were acquitted of the offences punishable under sections 436, 452 and 506 read with section 34 of the Indian Penal Code. 3. Considered the contentions canvassed by the learned counsel and perused the juidgement and order passed by the trial Court. The trial 2 appln3856.10 Court has considered the evidence of P.W.2 to P.W.6 in respect of the threats alleged to have been given by the respondent nos.1 & 2 to the complainant that they would do some harm to the complainant if the premises in question are not vacated by the complainant. The trial Court has observed that the tenants were assured that they can retain the accommodation in question till the examination of their son was over. It is, in these circumstances, that the trial Court came to the conclusion that the evidence of threat does not appear to be genuine. Similarly, the evidence of P.W.2 Jayashri, P.W.3 Sudhir and P.W.6 Shailesh is also not forthcoming and straightforward and suffers from inconsistencies in respect of the material particulars of the prosecution case. It is also not disputed that the information regarding the fire which broke out in the house occupied by them was given to Jayashree by the landlord. Taking into consideration the overall view of the matter, no case is made out for showing indulgence. Leave refused. 4. Criminal Application stands dismissed. (D. D. SINHA, J.) (A.P. BHANGALE,J.)