The State Of Maharashtra v. Shahanavaj Abdul Shakur

(34) ALS-59-18.doc BDP-SPS Bharat D. Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date: 2019.12.04 11:59:35 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 59 OF 2018 The State of Maharashtra (Through Bandra Railway Police Station) .....Applicant (Orig. Complainant) V/s Shahanavaj Abdul Shakur ..... Respondent (Orig. Accused) ---- Mr. S.V. Gavand, APP for the Applicant/State. Ms. Misbaah Solkar for the Respondent.

---- CORAM: NITIN W. SAMBRE, J.

DATE: DECEMBER 2, 2019 P.C.:- 1] This is an application for grant of leave to appeal, as the Respondent/Accused is acquitted of an offence punishable under Section 354 of the Indian Penal Code.

2] Perused the Judgment impugned and the material available on record.

3] There is material contradiction on the issue of seizure of the clothes of the Accused. As such, serious doubt is raised about identity 1/2

(34) ALS-59-18.doc of the Accused.

4] Apart from above, no independent witnesses were examined in support of the case, as the incident has occurred at public place (Railway Station).

5] The view expressed by the court below for acquitting the accused is a possible view. Hence, leave is refused. ( NITIN W. SAMBRE, J. ) 2/2