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Bombay High CourtAPPLN/472/2016others disposed off

The State Of Maharashtra v. Suresh Krishna Mhatre

2019-11-19Hon'Ble Shri Justice Nitin W. Sambre2 pages

Dusane 1/2 27 appln 472.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.472 OF 2016 ALONGWITH CRIMINAL APPLICATION (ALS) NO.137 OF 2019 The State of Maharashtra .... Applicant/ (Ori. complainant) Vs.

Suresh Krishna Mhatre .... Respondent/ (Ori. accused) Mr. R.M. Pethe, APP for the State.

None for Respondent.

Coram : NITIN W. SAMBRE, J.

Date : 19th November 2019 P.C.:

1.

For the reasons disclosed in the application, delay stands condoned.

2.

Heard learned APP. Perused the depositions of the witnesses including that of the victim and her mother.

3.

The victim has admitted in her cross-examination that she has deposed in her evidence as was tutored by her grandmother.

Dusane 2/2 27 appln 472.2016.doc 4.

Apart from above material contradictions and omissions are noticed in the testimony of the mother of the victim and the investigating officer. That being so, the acquittal order is a possible view.

Leave refused.

( NITIN W. SAMBRE, J.)