The State Of Maharashtra v. Sunita Arun Deshmukh

32 ALS 94 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.94 OF 2016 The State of Maharashtra .... Applicant V/s.

Sou. Sunita Arun Deshmukh, .... Respondent Mrs. M. M. Deshmukh, APP for the Applicant State.

CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 22nd NOVEMBER, 2016.

P.C. :

1.

Heard Mrs. M. M. Deshmukh, learned APP appearing on behalf of State.

2.

Application is filed for leave to appeal against the judgment and order dated 31.03.2016, in Sessions Case No.102 of 2011. By the said judgment, respondent has been acquitted of the offence punishable 307 of the Indian Penal Code.

3.

The prosecution, mainly relied upon the evidence of injured victim. However, the learned Additional Sessions Judge disbelieved the same on account of variance and inconsistencies. The learned Sessions Judge also took into consideration the evidence of Medical Officer, who 1/2

32 ALS 94 OF 2016.doc admitted that the suggestion that injury on the person of victim can be self-inflicted. The learned Sessions Judge also considered the fact that there are no blood stains found on the clothes of respondent. 4.

Having gone through the deposition of said witness, we find that the view taken by the learned Sessions Judge is possible view. No case is made out for grant of leave. Application is dismissed. [DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 2/2