1 Appln 5141-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5141 OF 2010 The State of Maharashtra ..Applicant V/s. Shashikant Ganpati Kamble ..Respondent Mr.S.A.Shaikh, APP, for the Applicant - State None for the Respondent CORAM : R.C.CHAVAN, J. DATE : 25TH JULY, 2011 P.C. . Heard the learned APP for the applicant  State. 2. This is an application for leave to file an appeal against acquittal of the respondent recorded by the learned Judicial Magistrate F. C., Kagal, District Kolhapur for the offence punishable under Section 497 of the Indian Penal Code. Even if it is presumed for a while that the respondent and the first informant's wife were actually found in a lodge when the police conducted raid on that 2 Appln 5141-2010 lodge, it does not follow that they could be presumed to have sexual intercourse which is essential ingredient of Section 497 of the Code of Criminal Procedure. View taken by the learned trial Magistrate cannot be faulted. Leave refused. Appeal dismissed. 3. Criminal Application stands disposed of. (R.C.CHAVAN, J.)