The High Court of Judicature at Bombay Criminal Appellate Jurisdiction dismissed an applicant’s appeal against an acquittal in a criminal trial involving alleged injuries. The court held that the trial court’s view was a possible view on the evidence and contained no perversity.
Leave to file appeal refused; application 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.
1/5
als-180.2013.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.180 OF 2013
The State of Maharashtra.
...Applicant.
(Orig. Complainant.)
v/s.
Pandurang Sakharam Morde and Anr.
…Respondents.
Mr.V.B.Konde-Deshmukh, APP for the State.
CORAM: P. V. HARDAS & REVATI MOHITE DERE, JJ.
JULY 24, 2013.
ORDER (Per Revati Mohite Dere,J. ) :-
2/5
als-180.2013.doc
2003 at about 8.00 p.m., Sanjay Morde (PW.1)-complainant was proceeding home with his grand father Kisan Morde (PW.2) after closing the Grocery Shop. It is alleged that when they reached near a canal, respondent nos.1 and 2 i.e Pandurang Morde and Shankar Morde, suddenly came there and assaulted Kisan Morde (PW.2) by fist and kick blows.
3/5
als-180.2013.doc
Indian Penal Code. The respondents pleaded not guilty and claimed to be tried. The Trial Court after considering the evidence on record, of Sanjay Morde (PW.1)-complainant, found that there were several material omissions in his evidence which created a doubt regarding the truthfulness of the said witness. Similarly, the Trial Court also found that the testimony of Kisan Morde (PW.2), did not inspire confidence though he was found to have sustained fracture of his ribs, as there were material improvements in his evidence ; there was a delay of one month in recording his statement and that the delay had not been satisfactorily explained.
4/5
als-180.2013.doc
(i) that he had prepared an Injury Certificate (Exhibit-40) dated 30th November, 2005 of PW.2-Kisan in the court premises on the direction of the prosecution (ii) that he could not identify the signatures of the Doctors who had issued the Injury Certificate and the Radiologist Report (iii) that he had admitted that considering the age of PW.2-Kisan, which was 70 years, fracture of ribs is also possible by accidental fall.
5/5
als-180.2013.doc
at the hands of the respondents, in the light of the nature of evidence that had come on record.
of learned APP, we find that the view taken by the trial court is a possible view taken on the basis of the evidence on record. We do not notice any perversity in the reasoning of the trial court to warrant any interference in this Appeal against Acquittal.
(REVATI MOHITE DERE,J.) (P. V. HARDAS,J.)
3 issues framed by the court
Whether the trial court's acquittal should be interfered with despite evidence suggesting prima facie case for Section 307 IPC.
If the failure to explain certain delays and material omissions in eyewitness testimony warrants setting aside the acquittal.
Whether the reasoning of the trial court regarding medical evidence is perverse.
1 provisions across 1 enactments
State of Maharashtra
Pandurang Sakharam Morde
Shankar Morde
P. V. Hardas
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
