1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . Criminal Appeal No. 55 of 2010 State of Maharashtra VS. Manoj Arun Kankale ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. D.B.Yengal, A.P.P. for appellant, None present for respondent though served. Coram : A.H. JOSHI, J. Date : 25th March, 2010. 1. Heard. 2. This is a State appeal. The accused person has been acquitted in relation to offence under Section 354 of Indian Penal Code. 2. The findings recorded in paragraph Nos. 5 and 6 are in fact the cause of acquittal. 3. In paragraph 1 to 4 of the impugned judgment the learned Judge has recorded on facts that it is difficult to rely on the version of prosecution and contention in F.I.R. and Statement given before the Magistrate. It is seen that there is 2 contraction in the statement of husband, as to the date of incident given by wife. 4. Admittedly statement of husband was not recorded by the police and he has been cited as witness and has deposed before the Court for the first time. 5. The reasons for acquittal recorded by the learned Magistrate are plausible and it is not shown that the findings are perverse and recorded by ignoring any of the evidence on record. 6. There is no merit in appeal. Hence, appeal is dismissed. Judge |adgokar|