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1993 Supreme(Bom) 40

M.F.SALDANHA, M.L.DUDHAT
State of Maharashtra – Appellant
Versus
Ramakant Gosavi Patil – Respondent


JUDGMENT

Saldanha, J. - The State of Maharashtra, through this appeal has assailed the correctness of an order of acquittal dated 16.5.1988 passed in favour of the respondent. The respondent-accused was charged with having committed offences punishable under sections 392 and 397 of the I.P.C. It was alleged that on 9.5.1988 at about 11:45 a.m. that the complainant Sharma had gone to reserve a ticket for a train journey to Kota at the Western Railway reservation office. Since the tickets were not available a person behind him in the line is alleged to have suggested that he should go to the V.I.P. Counter in the main building where there was a possibility of securing a ticket. The person offered to take Sharma to the Counter and to assist him for which reason Sharma came to the main building in his company. He alleges that while they were on the staircase that person took out a knife, threatened him with it and snatched Rs. 400/- alongwith the reservation form which was in his hand and made good his escape. Sharma states that he was shaken by the incident and after some time when he recovered he looked for the culprit and finally reported the matter to a constable who sent him to be






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