* 1 * Cri.Appln. 2955.2010 22.11.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2955 OF 2010 [FOR LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2010 The State of Maharashtra .....Applicant [Orig.Complainant] v/s. Sou. Ashwini Mahesh Pagade & Ors. .....Respondents [Orig.Accd nos.1 to 3] * * * * Mr. S.A. Shaikh, APP for the applicant-State. Mr. Ajay Verma h/f. Mr. H.E. Palwe, Adv. for respondents. CORAM :- Smt. R.P. SondurBaldota, J. 22 November, 2010. P.C. :- 1. This application is by the State for leave to file appeal against the order dated 3rd April, 2010 passed by the IInd Ad-Hoc Sessions Judge in Sessions Case No. 117 of 2009 acquitting the respondents of the offences punishable under Section 363, 366 read with Section 34 Indian Penal Code. 2. The brief facts of the prosecution case is that, on 25th May, 2009 at about 11.30 a.m. the victim girl who had gone to the * 2 * Cri.Appln. 2955.2010 22.11.2010 market to bring some cosmetic items went missing. Therefore, a missing complaint came to be filed on the same day. On the very day, the respondents who are the neighbours of the girl left their home and therefore the mother of the complainant suspected that they had kidnapped her minor daughter. At the relevant time, the victim girl was aged 16 years i.e. she had attained the age of discretion. The evidence shows that she had gone away voluntarily with the respondents in a maruti car and returned in the same night at about 9.30 p.m. 3. I have perused the impugned judgment and order. It shows that the victim girl had not supported the prosecution. The learned Judge has also noted that she had reached the age of discretion and accordingly acquitted the respondents. In the facts and circumstances of the case, there is no merit in the application filed for leave to file appeal against the impugned judgment and order as the same is a just order. Hence, the application is rejected. [SMT. R.P. SONDURBALDOTA, J]