APPLN. 918-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 918 OF 2011 The State of Maharashtra ... Applicant Vs. Ganesh Vilas Methe & Anr. ... Respondents *** Mrs. V. R. Bhosale, APP for the Applicant. *** CORAM : V. M. KANADE, & A. M. THIPSAY, JJ. DATE : SEPTEMBER 7, 2011 PC: 1. Heard the learned APP appearing on behalf of the applicant. The application for leave to appeal is filed by the State against the judgment and order passed by the Additional Sessions Judge, Kolhapur who by the said judgment and order dated 29th April, 2011 was pleased to acquit the respondents/accused for the offences punishable under Section 376, 420, 506 and 306 read with section 34 of the I.P. Code. 2. The prosecution case in brief is that the prosecutrix was married with Anil Ramchandra Sapte in the year 2008 and one daughter was born to her out of the said wedlock. However, due to the ill treatment given to her by her husband and in-laws, she was residing with her parents along with daughter Anuja. Prosecution case is that APPLN. 918-11 - 2 - she developed love affair with Ganesh Methe for about four years and according to the prosecution, accused Ganesh Methe had given a promise of marriage to deceased Pushpanjali @ Dipali and had also assured that he would adopt her daughter and in view of the said promise, she had sexual intercourse with the accused. However, accused Ganesh Methe did not fulfill the said promise and was absconding from Kolhapur for some days. As a result of which Pushpanjali committed suicide by pouring kerosene on herself, setting ablaze. FIR was registered by the police and her dyeing declaration was also recorded. The trial court after going through the evidence on record acquitted the accused of the offences with which they were charged. Both the father and the son of the prosecutrix turned hostile and did not support the prosecution case. The trial court did not rely on the dyeing declarations. Accused Ganesh Methe in his statement recorded under S. 313 Cr. P. C., stated that he was already married and had two children and this fact was known to the deceased and therefore, there was no question of giving false promise to her. 3. We have perused the impugned judgment and order and the notes of evidence, annexed to the application. In our view, there is no infirmity in the impugned judgment and order. This is not a fit case to grant the leave to file appeal. Criminal Application is, therefore, rejected and accordingly disposed of. The criminal appeal, therefore, does not survive. [ A. M. THIPSAY, J.] [ V. M. KANADE, J.]