This High Court rejected a Criminal Application for leave to appeal against an order of acquittal. The applicant's counsel was absent; after reviewing the trial judgment, the court found no ground to disturb the acquittal and dismissed the application.
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.
12.7.APPA.55.16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO. 55 OF 2016 IN CRIMINAL APPEAL NO. ____________OF 2016.
(Ananda Dashrath Kharat .vs. Pralhad Narayan Kamble & others)
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Mr. M.K. Pathan, A.P.P. for respondent no. 7.
CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ.
DATED : JULY 12, 2016.
This is an application for leave to appeal against the order of acquittal as recorded by the learned Sessions Judge, Washim.
The learned Counsel for the applicant has been consistently seeking an adjournment or remaining absent. Today also, he is absent. We have, therefore, perused the judgment and order passed by the learned trial Judge with the assistance of the learned Additional Public Prosecutor.
While recording the order of acquittal, the learned trial Judge has found that though the incident has taken place on 6.10.2013, the FIR is lodged on 9.10.2013. It has been further found that the prosecution has failed to explain such an inordinate delay in lodging the FIR. The learned trial Judge has further found that the evidence of the witnesses who have deposed in support of the prosecution case was also not trustworthy. It has been found that there is a previous enmity
12.7.APPA.55.16
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between the accused on one hand and the first informant on the other hand. The learned trial Judge has, therefore, found that possibility of falsely implicating the present appellant on account of previous enmity at the belated stage could not be ruled out.
In that view of the matter, it cannot be said that the approach adopted by the learned trial Judge is either perverse or impossible. The Criminal Application is rejected.
Judge Judge
J.
C E R T I F I C A T E
“I certify that this Order uploaded is a true and correct copy of original signed Order”.
Uploaded by : Ki. Jeswani, Uploaded on : 14.7.2016.
1 issue framed by the court
Whether the Criminal Application for leave to appeal against the order of acquittal, submitted in the absence of counsel and without any argument, should be allowed.
Ananda Dashrath Kharat
Pralhad Narayan Kamble & others
B.R. GAVAI
V.M. DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
