STATE OF MAHARASHTRA Vs. ANANT KISANRAO KULKARNI

JUDGEMENT

(1.) THE Respondent was tried in the Court of Judicial Magistrate, First Class, Court no.2 Solapur in Regular Criminal Case No.963 of 1980 for offences punishable u/s 380, 411 and 414 of the Indian Penal Code.

(2.) BY his judgment and order dated 25-4-1984, the learned magistrate acquitted the accused of the said offences. Being aggrieved by the said judgment and order of acquittal, the State of Maharashtra has preferred the present appeal.

(3.) WITH the assistance of the learned counsel appearing for both the sides, we have gone through the entire evidence. Since we are dealing with an appeal against the Order of acquittal the same cannot be disturbed unless it is found to be perverse. After going through the entire evidence we are of the opinion that the impugned judgment and order cannot be characterised as a perverse judgment and order. We find that the view of acquittal taken by the learned magistrate is a possible view and hence we are not inclined to reverse the order of acquittal. We shall presently give our reasons for the same;