LAWS(BOM)-2013-5-58

KAVITA CHANDRAKANT LAKHANI Vs. STATE OF MAHARASHTRA

Decided On May 06, 2013
Kavita Chandrakant Lakhani Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petitioner has challenged the order of Sessions Court, Mumbai dated 4th July, 2007 allowing the Revision Application No.1261 of 2007 against the order of the learned Addl. Chief Metropolitan Magistrate (ACMM), 40th Court, Girgaum, Mumbai refusing to discharge the accused in the case, Respondent No.2 herein of offences punishable U/s.363 and 506 (ii) of Indian Penal Code (IPC) upon seeing a prima facie case also U/s.366 of the IPC and accordingly committing the case to the Sessions Court. By the impugned order the Judge, Sessions Court, Mumbai set aside the order of the learned ACMM dated 3rd October, 2006 and discharged Respondent No.2 not only in respect of offence U/s.366 of IPC, which was prima facie seen by the Magistrate, but also Section 363 and 506 (ii) of IPC and consequently the order of committing the case to the Sessions Court itself and remanding the case for being tried by the learned Magistrate's court for the remaining charges U/s.323, 324, 342, & 354 of IPC.

(2.) The incident from which the offences emanated took place on 6th September, 2003 / 7th September, 2003. The Petitioner and Respondent No.2 were friends and in a relationship. On 6th September, 2004 they were with their friends to celebrate the birthday party of one of their friends. In the early hours of 7th September, 2003 a dinner was arranged for them in Lush Hotel, Phoneix Mill compound, Lower Parel, Mumbai. All the friends proceeded there in a car. The Petitioner was in the car of Respondent No.2. They alone were in that car. Respondent No.2 instead of proceeding to Lush Hotel from Pedder Road turned his car at Haji Ali Junction and proceeded towards his home in Cuffe Parade, Mumbai. At about 1 p.m. they came into the compound of his building. The Petitioner refused to come out of the car. Respondent No.2 pulled her out by force, lifted her and took her to his house. In his home he beat her with his hands, struck her head and caused injuries. At 2 p.m. his parents came home when the father of Respondent No.2 took the Petitioner back to her house.

(3.) On 7th September, 2003 the Petitioner went to the house of her friend whose birthday party was celebrated on 6th September, 2003. She returned to her home the next day. She went for medical treatment to her Doctor, one Dr. Poddar, on 10th September, 2003. She went to lodge her complaint on 11th September, 2003. She was sent to Nair Hospital for medical check up and then sent home. She lodged her initial complaint on 12th September, 2003.