1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.2154 OF 2009 IN CRIMINAL APPEAL NO. OF 2009. The State of Maharashtra. .. .. Applicant. vs. Sanjay Savleram Londhe .. .. Respondent. Mr A.S.Shitole, A.P.P.,for the State. CORAM: A.R.JOSHI,J. DATE : 1st July,2009. P.C.:- It is the application for leave to file appeal against the order of acquittal arising out of the prosecution under sections 376 and 506 of the Indian Penal Code. Heard the learned A.P.P., in short. Perused the record and the reasoning given by the Trial Court while acquitting the accused. This petition is being decided at the stage of admission itself without there being any notice to the respondent-accused. 2. Admittedly, there is a long history of continuous sexual relations between the prosecutrix, a lady police 2 constable and the accused who is also a police constable. Strangely enough the prosecutrix was the member of police vigilance committee of railway police during the year 2005 and she was introduced to the accused by another lady constable. Thereafter, on various occasions there used to be meetings of the prosecutrix and the accused, even out of station of their job. During such meetings, admittedly, there was sexual cohabitation. At one instance, at Kolhapur in the temple there happened to be an incident of a sort of marriage performed between the prosecutrix and the accused and thereafter again they started residing together and had sexual relations by consent of each other. It is also the factual position that some time in the month of March, 2006, the prosecutrix had lodged a complaint of rape against one third person and on such count she was admitted in Sassoon Hospital, Pune. Knowing such hospitalization of the prosecutrix the accused visited her and extended all help and showed courtesy by bringing fruits etc. He enquired as to why she was hospitalized but she did not disclose such event to him. It is the factual position that there is delay of three months in lodging the F.I.R.,after the last act of sexual intercourse. It appears that considering such evidence the Trial Court did not accept the case of the prosecution and acquitted the accused and rightly so in the opinion of this Court. 3 3. Considering the above circumstances, in the opinion of this Court, there is nothing to allow the present leave petition so as to re-agitate the issue in the appeal before this Court. Hence, the present leave petition is dismissed and disposed of accordingly. A.R.JOSHI,J.