1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1508 OF 2008 The State of Maharashtra ..Applicant V/s. Ganesh Ashok Pakhare ..Opponent Mr.P.S.Hingorani, A.P.P, for the State None for opponent CORAM : F.I.REBELLO & K.U.CHANDIWAL, JJ. DATE : 18TH JUNE, 2008 P.C. . The State has preferred this application against the acquittal of the accused by the Ad-hoc Additional Sessions Judge, Pune by Judgment dated 23rd November, 2007 in Session Case No.277 of 2006. From the record we find that insofar as the extra judicial confession is concerned, P.W.6 Santosh Arjun Tapkir turned hostile. The learned Judge therefore, held that the evidence of P.W.6 is not at all reliable to prove the extra judicial confession in the case. Next is the last seen circumstance. Considering the evidence of P.W.9 the Court observed that the said witness was not at all familiar with both the deceased and accused. Apart from that, in the course 2 of cross examination he made many admissions which considered in the proper perspective raises doubt about the credibility of the witness and as such the evidence on record does not support the last seen circumstance. Insofar as recovery is concerned, the learned Judge found the clothes which were attached were not having blood stains. The iron rod was attached which had blood stains. However, the Court noted that the evidence was not supported by any other corroborative evidence. Considering that the chain of circumstances was incomplete the learned Court gave benefit of doubt in favour of the accused. 2. After having considered the Judgment and the evidence considered by the learned Judge in our opinion, it cannot be said that a view taken by the learned Judge is not supported by the evidence on record. We, therefore, find no reason to interfere in the said Judgment. Hence, application is dismissed. (F.I.REBELLO, J.) (K.U.CHANDIWAL, J.)