MEERA W/O KOLAMDAS SIRSAT Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY LAW AND JUDICIARY MANTRALAYA MUMBAI

JUDGEMENT

(1.) Leave to add prayer clause granted. Amendment be carried out forthwith.

(2.) The appellant - victim of the crime preferred the present proceeding of appeal under Section 372 of Cr.P.C, inter-alia, seeks leave to present an appeal against the impugned judgment and order of acquittal, passed by the learned Assistant Sessions Judge, Ambejogai, dated 18.12.2013, to redress her grievances. It was the allegations of the prosecution that first informant Meera w/o. Columbus Shirsath, on 03.12.2010, approached to the police of Ambejogai police station and ventilated the grievances that on 01.12.2010, in the morning hours, she was at home with her husband. At about 8.00 a.m. somebody else gave kicks on the door of her house and exhorted to open the door. Accordingly, first informant opened the door and saw that respondents Swapnil Chaudhari, Gautam Chaudhari and one Balasaheb Babruwahan Saware, were standing in front of her house. They made enquiry about her father-in-law Tukaram.

(3.) Pursuant to FIR, the concerned PSO, registered the crime No. 181 of 2010 and set the penal law in motion under Section 452, 364, 323, 506 r/w. 34 of IPC. I.O. visited to the spot and drawn the panchanama. He recorded the statements of witnesses acquainted with the facts of the case. I.O. collected the relevant documents. Meanwhile, the accused set free the victim Columbus near the gate of Amba Sugar factory. He returned to home. I.O. recorded his statements. After completion of investigation, I.O. preferred the charge sheet against the respondent/accused for the charges of kidnapping, house trespass, voluntarily causing hurt, criminal intimidation etc. before the learned Magistrate, Ambajogai.