This brief order refused leave to appeal against an acquittal where a bus conductor was alleged of failing to bolt the door, causing an injury to a passenger. The High Court held the acquittal view was not perverse.
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.
APPLN-705.2012
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
APPLICATION NO.705 OF 2012
The State of Maharashtra.... Applicant
Vs.
Kallappa Babu Kumbhar.... Respondent
Smt. S.V. Sonawane, APP, for the Applicant-
State.
CORAM: R.C. CHAVAN, J.
DATED: JULY 27, 2012
P.C:
This is an application for leave to
file appeal against acquittal of the
respondent/conductor of a bus who, it is
alleged, had not locked the door by bolting in
addition to the lock which the door normally
has. One of the passengers fell off the bus,
since his whole weight was on the door, the
door opened and he was thrown off the bus. The
learned Magistrate acquitted the respondent
holding that though the bus was examined by a
Motor Vehicle Inspector, there is nothing to
show that the door had an additional bolt which
the conductor was supposed to lock. The view
taken by the learned Magistrate cannot be said
Page 1 of 2
sjs APPLN-705.2012 to perverse or improbable. Leave refused. Appeal dismissed.
(R.C. CHAVAN, J.)
Page 2 of 2
The State of Maharashtra
Kallappa Babu Kumbhar
R.C. CHAVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court