SATISH AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Exception is taken to the judgment and order dated 13.11.2014, passed by the Additional Sessions Judge, Chandrapur in Sessions Case 15 of 2012, by and under which, the appellant (hereinafter referred to as "the accused") is convicted of offence punishable under section 363 of the Indian Penal Code ("IPC" for short) and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs. 5000/. The accused is however acquitted of offence punishable under section 366 of the IPC.

(2.) Heard Shri Rajnish Vyas, the learned counsel for the accused and Shri. A.V. Palshikar, the learned Additional Public Prosecutor for the respondent/State.

(3.) At the very outset, the learned counsel for the accused Shri. Rajnish Vyas invites my attention to an affidavit dated 6.11.2017 sworn by Mrs. Rekha Satish Sayam whom the accused allegedly kidnapped from lawful guardianship, to the effect that the deponent and the accused solemnized marriage on 14.1.2014 and are residing happily as husband and wife. The affidavit is accompanied by certificate of marriage dated 14.1.2014 issued by Teli Samaj Seva Samiti and photographs evidencing the exchange of marital vows. The affidavit states that she was in love with the accused and has entered into matrimonial alliance against the will of the parents. The deponent states that the continuation of criminal proceeding would not be in the interest of the deponent and the matrimonial life and prays that this Court exonerate the accused from the charges.