ORAL JUDGMENT:

1.Prayer clause (b) of this Application seeks leave to appeal against the judgment dated 16.02.2019 passed by the learned JMFC, ‘C’ Court, Ponda, by which, the non-applicant has been acquitted of the offences under Section 279 and 338 of the IPC and Section 185 of the M.V. Act vide Section 255(1) of the Cr.P.C.

2.Learned Additional Public Prosecutor submits that the learned JMFC while passing the impugned judgment has not considered the evidence on record in its proper perspective and therefore, leave to appeal ought to be granted. He submits that since the relevant evidence has already been placed on record, upon leave being granted, the Appeal can be decided forthwith.

3.Mr. Bhobe, learned Counsel appearing for the non-applicant is agreeable for the Appeal to be decided on merits if the same is argued forthwith, which is acceptable to the learned Additional Public Prosecutor, considering which, leave is granted.

4.Considering that both the learned Counsel are ready to address the Court on merits, the matter is being heard on merits.

5.Rule. Rule made returnable forthwith. Mr. Bhobe waives service on behalf of the Respondent. Heard finally with the consent of the learned