I VIJAYAMANI Vs. PUGALANDHI

JUDGEMENT

(1.) The Criminal Appeal arises out of the judgment of acquittal, dated 19.4.1999 in C.C.No.111 of 1993 on the file of the Additional District-cum-Chief Judicial Magistrate's Court, Chengalpattu, whereby, the respondents/A.1 to A.3 were acquitted of the offence under Section 342 IPC, the first respondent/A.1 was acquitted of the offence under Section 384 IPC and the second and third respondents/A.2 and A.3 were acquitted of the offence under Section 384 read with 109 IPC.

(2.) The case of the appellant-complainant (P.W.1) in the private complaint is that on 7.10.1993 at about 7.45 p.m., when he was at his grocery shop along with his father P.W.5 Govindasamy, A-2 and A-3 came and took P.W.1, the complainant to Siva Kanchi Police Station, wherein A-1 Pugalendhi, Sub-Inspector of Police was there and at that time, along with A-1, D.W.1 Vijayakumari and her husband Sathyamurthy were also there. A-1 harassed and illegally confined P.W.1 and also questioned the whereabouts of P.W.2 Sivashanmugam and P.W.6 Ramesh. Immediately, A-1 directed A-2 and A-3 to go to the shop of P.W.1 and to bring P.Ws.2 and 6. When A-2 and A-3 went, P.W.1 was put in the lock-up. Subsequently, P.W.2 Sivashanmugam was assaulted by A-1 with lathi. A-1 also directed P.W.1 to bring seven silk sarees, two silk dhothies and five sovereign gold jewels and cash of Rs.3,000/- from the shop and hence, A-2 and A-3 took P.W.1 to his shop and took Rs.3,000/- from the shop. Then P.W.1 handed over two silk dhothies and seven silk sarees and five sovereign gold jewels to A-2 and A-3 and they returned to Police Station at about 10 p.m. and handed over the same to A-1. At that time, D.W.1 Vijayakumari and her husband Sathyamurthy were there. P.W.5 Govindasamy intimated the incident to his friend, a retired Deputy Superintendent of Police, Chelladurai, P.W.4 at about 11 p.m. and also intimated the same to the higher officials. Then only, P.Ws.1, 2 and 6 were released from the Police Station. Immediately, they sent telegram to the higher officials. Since no steps have been taken, the complainant has come forward with the private complaint.

(3.) The trial Court, after following the procedures, framed necessary charges. The accused pleaded not guilty. Considering the evidence of P.Ws.1 to 6, D.W.1, Ex.P-1 series and Exs.D-1 to D-3, the trial Court acquitted the respondents-A.1 to A.3.