Laila Razak Shaikh@ Laila Nadar v. Manda Bhagwan Khandagle And ORS.

1 4.204.18 alp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 204 OF 2018 Laila Razak Shaikh @ Laila Nadar .....Applicant V/s.

Smt. Manda Bhagwan Khandagle .....Respondents and others Smt. Nasreen S. Khalique Ayubi for the applicant None for respondent no. 2 Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 29, 2019.

P.C.

Heard. Respondent accused were acquitted of an offence punishable under Sections 323, 506 r/w 34 of the Indian Penal Code against which Criminal Appeal was preferred before the Sessions Court, however, the same was returned to the appellant. Submissions of the learned counsel for the applicant are, once out of the testimony of applicant it is proved that alleged offence took

2 4.204.18 alp.doc place, the Court has committed an error in acquitting the accused. Perused the Judgment and other material placed on record. Incident in question has occurred at a public place at a 11.45 a.m. But for the complainant, no independent witnesses were examined by the complainant/applicant in support of her case. Though it is claimed that medical certifcate was produced, however, same was also not proved.

That being so, no case for consideration is made out. Leave is refused.

[NITIN W. SAMBRE, J.]