STATE OF MAHARASTRA Vs. SK ASEF SK USMAN

JUDGEMENT

(1.) Heard Learned A.P.P. Shri. D.V.Tele for the applicant.

(2.) This is an application filed under Section 378 ( i ) ( iii) of the Criminal Procedure Code, 1973 by the State of Maharashtra. There are five respondents in this application.

(3.) The respondents in this application were tried for the offences punishable under Sections 3 ( i ) (x) of Scheduled Castes and Scheduled Tribes ( Prevention of Attrocities ) Act , ( 7 ) ( i ) (d ) of Protection of Civil Rights Act and 395, 427 r/w.34 and 506 ( ii ) r/w.34 of Indian Penal Code by the Learned Special Judge and Additional Sessions Judge-II, Jalna. The learned trial Court by the judgment dated 22 nd of August, 2011 delivered in Special Case ( Atro ) No.5 of 2010 acquitted respondents ( original accused nos.1 to 5 ) under Section 235 (i) of Criminal Procedure Code for the aforesaid offences. It is this acquittal of the respondents is challenged by the applicant, with a prayer for grant of leave. In short, leave to file appeal against acquittal, is sought by the present applicant.