1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.934/2008 State of Maharashtra ...Versus... Rahul s/o Chandrabhan Meshram and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri S.S. Doifode, APP for appellant] CORAM:- K.J. ROHEE & A.B. CHAUDHARI, JJ. DATED :- 23.04.2008 1. Heard learned A.P.P. for the appellant. The prosecution version is that deceased Mahendra s/o Anjanna Silver was assaulted by the respondents. Respondent No.1 assaulted deceased Mahendra with a knife on his private part, whereas remaining respondents assaulted him by sticks. It is said that P.W.12 and P.W.15 are the real brothers of deceased Mahendra and that they saw the incident of assault on their brother Mahendra. However, the trial Court found that they are untrustworthy inasmuch as they did not witness the 2 incident and tried to pose themselves to be the eye witnesses. P.W.10 and P.W.11 who are the friends of the deceased Mahendra are other eye witnesses. Their names no doubt appear in the F.I.R. lodged by P.W.15 Machhindra Silver. However, the trial Court found their evidence equally untrustworthy because their statements were recorded as late as three months after the incident, for which no satisfactory explanation was put forth. At this juncture, it may also be noted that the medical evidence shows that no injury was found on the private part of deceased Mahendra. Thus, there is variance between ocular evidence and medical evidence. We find that there is no perversity in the judgment of the trial Court. Hence, we dismiss the appeal. JUDGE JUDGE ssw