Criminal Appeal filed against acquittal of respondents for offences under Sec. 381, 411, and 482 IPC. The High Court found no basis for granting leave to appeal and dismissed the appeal.
Prayer for grant of leave to prefer appeal rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 14 OF 2004
Office Notes, Office Memorandum of Coram, appearance, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
Mr. A.M. Shringarpure, A.P.P. for the State. Mr. Dilip Bodake for Respondent Nos.1 & 2.
CORAM : A.S. OKA, J. DATE : 19TH AUGUST 2006
P.C. : 1. Heard learned A.P.P. for the Appellant. A Prayer in the Appeal is for grant of leave to prefer an appeal. The Respondents were acquitted for the offences punishable under Section 381, 411 read with Section 482 of the Indian Penal Code.
| 2. | After | having heard |
the |
|---|---|---|---|
| learned | A.P.P. for the |
Applicant | |
| and | after | perusing the |
impugned |
| Judgment, | I find that no case |
is |
|
| made | out | for grant of leave. |
The |
| F.I.R. | w | as lodged on 26th |
June |
| 1993 | for | the alleged incident |
of |
| 14th | June | 1993. It is |
revealed |
| from | the | record that the |
Police |
:2:
| Station is at a distance of |
only |
|---|---|
| 50 ft. from the concerned |
Primary |
| Health Centre where the |
offence |
| has allegedly taken place. |
The |
| prosecution relied upon seizure |
of |
| the alleged stolen articles. |
The |
| seizure has been made from |
a |
| stranger who is not at all |
related |
| to the accused persons. |
The |
| Panchanama drawn at the time |
of |
| alleged seizure has not |
been |
| proved as panch witnesses have |
not |
| been examined. Inve |
stigating |
| Officer has merely identified |
the |
| handwriting and the signature |
of |
| the Head Constable who is |
the |
| alleged author of the pan |
chnama. |
| These are two factors which |
are |
| taken into account by the |
learned |
| Trial Judge. It is obvious |
that |
the view taken by the learned
Judge is a possible view.
of leave. Prayer is rejected. Hence, Appeal is dismissed.
JUDGE
State
Respondent Nos. 1 & 2
A.S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
