Application for leave to file a criminal appeal against acquittal of accused in a dacoity case rejected. High Court found lower court's view reasonable and no interference warranted.
Application for leave to file appeal rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.501 OF 2007
[FOR LEAVE TO FILE APPEAL]
IN
CRIMINAL APPEAL NO. OF 2007
The State of Maharashtra. ..Applicant.
Versus
Ratan Hari Waghe
and 3 Ors. ..Respondents.
..
Mr.P.S.Hingorani, APP, for the Applicant-State.
..
CORAM : F.I. REBELLO AND
SMT.V.K.TAHILRAMANI,JJ.
DATED : APRIL 02, 2008.
P.C.:-
1. Heard the learned APP for the applicant-State.
2. The applicant-State of Maharashtra has preferred
this leave to file appeal against the judgment and
order dated 19th September, 2006 passed by the
learned 1st Adhoc Additional Sessions Judge, Thane in
Sessions Case No.448 of 2005. By the said judgment
and order, the learned Sessions Judge acquitted the
respondents of the offences punishable under Sections
395, 397, 452, 336, 326, 342, 427, 354, 457, 380 read
with Section 34 of Indian Penal Code.
3. The prosecution case is that the respondents
along with others entered into the bungalow of the
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complainant armed with deadly weapons and committed
dacoity. It is an admitted fact that the
respondents-accused were not known to the witnesses
prior to the incident. Hence, identification parade
came to be held. The complainant PW-1 Cecil D’souza
and his wife PW-2 Joyce did not identify any of the
respondents-accused in the identification parade.
Infact PW-2 Joyce had identified the dummies instead
of the accused. In such case, identification by PW-1
Cecil and PW-2 Joyce of the accused persons in the
Court cannot be taken into account.
4. only one witness has identified the
respondents-accused i.e. PW-3 Danial who was the
servant of the complainant. The learned Sessions
Judge has observed that looking to the evidence of
the complainant that there was no electricity at the
time and it was completely dark and therefore he
could not see anything, it would not have been
possible for PW-3 Danial to have identified the
accused. Looking to the evidence on record, we
cannot find any error in the observation of the
learned Sessions Judge that it would not have been
possible for PW-3 Danial also to see any of the
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accused.
5. As far as the evidence of recovery of property
is concerned, the panch witnesses have turned
hostile. Looking to all these circumstances, the
learned Sessions Judge acquitted the
respondents-accused.
6. Looking to the evidence on record, we find that
the view taken by the learned Sessions Judge is a
reasonable and possible view.
7. It is well settled that if the view of acquittal
could have been reasonably arrived at then mere
circumstance that the lower Court would have taken a
different view, would be no ground to interfere. In
this connection, useful reference can be made to
decision of the Supreme Court in the case of
C.Anthony Vs. K.G.Raghavan Nair, (2003) 1 SCC 1. In
the case of C.Anthony(supra), the Supreme Court has
observed that unless the findings of the trial Court
are perverse or contrary to the material on record,
the High Court cannot in Appeal substitute its
findings, merely because another contrary opinion was
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possible on the basis of material on record. As
stated earlier, the view taken by the learned
Sessions Judge is a reasonable and possible view,
hence, no interference is called for. Application
for leave to appeal is rejected.
(F.I.REBELLO,J.)
(SMT.V.K.TAHILRAMANI,J.)
3 issues framed by the court
Whether the finding of acquittal by the lower court was reasonable and possible on facts and evidence.
Whether the High Court should interfere when the lower court has taken a reasonable view.
Whether the application for leave to file a criminal appeal was sustainable.
Colour shows how this judgement treated each authority
C. Anthony Vs. K.G. Raghavan NairReferred¶22
C.Anthony Vs. K.G.Raghavan Nair, (2003) 1 SCC 1 · Who else cites this
State of Maharashtra
Ratan Hari Waghe
F.I. REBELLO
V.K. TAHILRAMANI
As recorded by the court registry
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