/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.346 OF 2006 IN CRIMINAL APPEAL NO. OF 2006 The State of Maharashtra ...Applicant V/s. Vijay Pandurang Powar & Ors. ... Respondents. Shri.J.P. Yagnik APP for the State/Applicant. None for Respondents. CORAM : V.M. KANADE, J. DATED : 5th FEBRUARY, 2008. P.C:- 1. Heard learned APP for the State. 2. State has filed this application for leave to file an appeal, challenging the judgment and order passed by the 3rd Ad-hoc Addl. Sessions Judge, Kolhapur. The Trial Court was pleased to acquit the Respondents/Accused for the offences punishable U/s.363, 366 and 366-A r/w 34 of IPC. 3. Prosecution case in brief is that the Accused Vijay kidnapped daughter of the Complainant Ananda Jadhav, who was about 16 and ½ / 2 / years old by promising her that he would marry her. On 3/11/1998 at about 1.30 p.m. the Complainant received a telephonic call from his son who told him that his daughter Smita had left house and had not returned back. The Complainant, therefore, tried to find out her at the S.T. Stand. Thereafter, he lodged a missing report at Junarajwada Police Station, Kolhapur. Ultimately, he came to know that Smita had love affair with the Accused Vijay and therefore, he filed a complaint U/s.363 and 366-A of IPC which was registered vide C.R.No.178/1998. Accused Vijay surrendered before the Investigating Officer and he was arrested. Smith was referred to the C.P.R. Hospital for medical treatment. Statements of witnesses were recorded and chargesheet was filed. The Trial Court after going through the evidence which was adduced by the prosecution held that the prosecution had not established case against the Accused and therefore, acquitted the accused. 4. I have perused the record and proceedings and also impugned judgment and order passed by the Trial Court. Smita, the daughter of the complainant was examined by the prosecution. She has admitted in her evidence that she had love affair with Accused Vijay and she had willingly eloped with him and therefore, she had got married after she attained majority. The Trial Court, in view of evidence of Smita, held that the / 3 / Accused was entitled to benefit of doubt and, therefore, acquitted the Accused. 5. In my view, there is no infirmity in the order passed by the Trial Court. The Trial Court has appreciated the evidence on record and has recorded a finding that Smita had voluntarily left her parents' house and therefore, no case was made out U/s.363 and 366 of IPC. No case is made out for grant of leave. Leave is refused. . Application is disposed of accordingly. V.M. KANADE, J.