The court considered an appeal against acquittal in a dowry harassment case and dismissed the appeal, concluding no case was made out for granting leave to prefer the appeal as the acquittal was based on evidence.
Leave to prefer the appeal was rejected and the appeal was dismissed.
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.440 OF 2003
The State of Maharashtra
...Appellant
vs.
Sunil Dashrath Tekawade & Ors.
...Respondents
CORAM: A.S.OKA,J. DATE : AUGUST 19, 2006.
P.C.:
1. Heard learned A.P.P. appearing for the Appellant on the
prayer for grant of leave to prefer an Appeal. By the
impugned Judgment and Order the Respondents-accused have been
acquitted for offence under sections 498-A, 323, 504, 506 read
with section 34 of the Indian Penal Code.
2. After having heard the learned A.P.P. appearing for the
Appellant and after perusing the impugned Judgment, I find
that no case is made out for grant of leave. After
considering the evidence of witnesses the learned Trial Judge
has held that there is absolutely no case made out of
commission of offence alleged against the accused persons.
The learned Advocate for the Respondents has placed on record
that subsequently the marriage between the first informant and
the first Respondent has been dissolved by mutual consent.
The view taken by the learned Judicial Magistrate is a
possible view which could have been taken on the basis of the
evidence on record. No case is made out for grant of leave.
Appeal is dismissed.
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JUDGE
1 issue framed by the court
Whether to grant leave to appeal against the judgment acquitting the accused.
2 provisions across 1 enactments
The State of Maharashtra
Sunil Dashrath Tekawade
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court