In an application for leave to appeal against acquittal on charges under IPC sections 323, 324, 504 and 506, the court held that the lower judge properly rejected prosecution evidence due to discrepancies. The appeal against the acquittal is dismissed.
Leave to file appeal refused; Appeal 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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APPLN-577.2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
CRIMINAL APPLICATION NO.577 OF 2012
The State of Maharashtra.... Applicant
Vs.
Arjun Subhash Bavkar & Ors..... Respondents
Ms M.R. Tidke, APP, for the Applicant-
State.
CORAM: R.C. CHAVAN, J.
DATED: JULY 06, 2012
P.C:
This is an application for leave to
file appeal against acquittal of the
respondents by the learned Judicial Magistrate,
First Class, Deogad for offences punishable
under Sections 323, 324, 504 and 506(2) r/w
Section 34 of the IPC. The learned Magistrate
held that the evidence of the prosecution
witnesses, all of whom were related to each
other and belonged to one group, was full of
discrepancy and improvements. He also observed
that while the complainant stated that he had
been hit on the right knee, the medical report
did not show any such injury. The complainant
PW-1 stated that he was assaulted and there
Page 1 of 2
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APPLN-577.2012
were stains of blood on his clothes and his
mother's clothes. However, the I.O. states that
he did not receive any blood stained clothes.
The learned Magistrate on appreciation of the
evidence of the witnesses who were before him
came to reject their evidence. The view taken
cannot be said to be perverse or improbable.
Leave refused. Appeal dismissed.
Page 2 of 2
2 issues framed by the court
Whether to grant leave to file appeal against acquittal in the Sessions Court.
Whether the High Court view that the learned Magistrate's judgment was not perverse is sustainable.
4 provisions across 1 enactments
The State of Maharashtra
Arjun Subhash Bavkar
R.C. CHAVAN
As recorded by the court registry
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