1 criap-2903.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2903 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: A. H. Joshi and A. R. Joshi, JJ. Date : 9th September 2011 Smt.S.D. Shelke, APP, for the applicant-State --------- 1. This is an application by the State seeking leave to file appeal against acquittal. 2. Heard learned A.P.P. 3. Perused the impugned judgment and order dated 15.3.2011 rendered by the learned Additional Sessions Judge, Dhule, in Sessions Case No.25 of 2009, acquitting the accused of the offences punishable under Sections 498-A, 304-B and 406, read with section 34, of the Indian Penal Code. 3. The finding is recorded by learned Sessions Judge in paragraphs 46 and 47 of the judgment, in relation to lack of evidence regarding cruelty. Suffice it to record here that the said finding is a negative finding on account of lack of evidence. 2 criap-2903.11 4. We have called upon learned A.P.P. to demonstrate as to how the said finding can be challenged. 5. Learned A.P.P. has not been able to point out from the impugned judgment, that a particular aspect is not considered by the learned judge. 6. We do not find any merit in the appeal. 7. Hence, leave to file appeal is refused. 8. Application rejected. (A. R. JOSHI, J.) ( A. H. JOSHI, J.) pnd/criap-2903.11