This judgment dismisses the State's application for leave to file a criminal appeal challenging the Sessions Court's acquittal of the respondent. The High Court held that the Single Judge could not be said to have taken a perverse view on appreciation of evidence.
Application for leave to file appeal is 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.
29-apeal-60-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 60 OF 2014
The State of Maharashtra ..Applicant/Appellant V/s. Chand Mohammad Habib Miya .. Respondent
Mr.A.R. Patil, for applicant/appellant. Mr.Prabhanjay R. Dave, for Respondent.
CORAM : A. R. JOSHI, J. DATE : 17TH JUNE, 2015.
P.C.
counsel for the respondent-original accused.
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29-apeal-60-2014
convicted for the offences vide order dated 16th July, 2010. This conviction was awarded on the premise that the presumption is required to be drawn when the victim girls were found in the premises which was raided and that the said premises was being used as a brothel. Being aggrieved by the said conviction respondent preferred appeal before the Sessions Court, Mumbai and it was so allowed vide order dated 09th October, 2012. The reasoning given by the first Appellate Court is gone through as also the reasoning given by the Appellate Court as to substantive evidence of the victim girls and evidence of their age is also looked into. The Appellate Court had come to the conclusion that the victim girls and specifically witness No. PW-4 and PW-5 cannot be treated as minor girls so as to attract penal provisions of the act as to compelling the minor girls to enter into sexual business. Further, Appellate Court came to the conclusion that the definition of the words 'Brothel' and 'Prostitution' as contemplated by provisions of Sections 2(a) and 2(f) were not fulfilled by bringing relevant material by the prosecution before the Trial Court. The Appellate Court came to the conclusion
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29-apeal-60-2014
that there was no proper appreciation of evidence by the Trial Court and it committed an error in recording finding for establishment of offences under sections 3, 4 and 7 of the Act. While interfering the order of the acquittal passed by the Appellate Court and while scanning the material available and considering mainly the substantive evidence of the victim, the view taken by the first Appellate Court cannot be consider as pervert, so as to interfere with. In this view of the matter there is nothing to re-agitated the issue again by allowing the State to file appeal and reappraise the material afresh. As such there is nothing in the application for leave to file appeal and same is accordingly dismissed and disposed of.
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1 issue framed by the court
Whether the Single Judge is in law justified in dismissing the application for leave to file the appeal by not re-appraising the evidence afresh.
2 provisions across 1 enactments
State of Maharashtra
Chand Mohammad Habib Miya
A. R. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
