1 appln5692-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5692 OF 2010 The State of Maharashtra .. Applicant Vs. Vinod Mohan Sakore ..Respondent Mr. S. A. Shaikh, APP for the State Mr. R. S. Kadam for the respondent CORAM : N. D. DESHPANDE, J. DATE : 11th February, 2011 P. C. 1. Heard Mr. Shaikh, learned APP for the State and Mr. Kadam, learned counsel for the respondent. 2. This is an application for leave to appeal against the order of acquittal dated 6/10/2009 passed by the learned Judicial Magistrate, First Class, Pune in Criminal No. 0415518/2006. 3. Perused the impugned judgment and order. It is found to be cryptic for not giving the detail discussions as to why the witnesses are not believed. Prima facie it is seen that the vehicle is involved in the accident got identified and from the said vehicle there was no difficulty to get the accused identified as driver of the vehicle. It is not necessary that somebody should see him 2 appln5692-10 driving the vehicle before the accident. There are witnesses who deposed that victim girl died in an accident while the offending vehicle was coming in he reverse direction from the garage. Charge is of rash and negligent driving referring to the accused respondent for the offence punishable under sections 279, 304-A of the Indian Penal Code and section 119 punishable under section 117 of the Motor Vehicles Act. In my opinion the appreciation done by the trial court requires reconsideration. Hence Leave granted. 4. Application for leave is accordingly disposed of. 5. Appeal be registered. 6. Appeal admitted. 7. Office to take necessary steps under Section 390 of the Criminal Procedure Code. ( N. D. DESHPANDE, J. )