PRAKASH RAMRAO SALUNKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned advocate for the applicant-original accused, the learned advocate for the respondent-original complainant and the learned A.P.P. for the State.

(2.) BY judgment and order dated 30.6.1992 in Sessions Case No.304 of 1991, the learned IVth Sessions Judge, Nasik convicted the applicant-accused for the offence under Section 363 of IPC and sentenced to RI for three months and fine of Rs.500/- in default SI for 15 days. Hence, this revision.

(3.) THE learned advocate for the applicant has stated that the prosecutrix was in love with the applicant-accused and due to said fact, she went away with the applicant on her own accord and there was no force or inducement on the part of applicant and hence, the applicant cannot be held guilty under section 363 of IPC. In support of his contention, he has placed reliance on the decision in the case of Varadrajan Vs. State of Madras reported in AIR 1965 SC 942 wherein it is observed that: