(1.) THIS Criminal Appeal has been filed by the appellant/accused who has been convicted under Section 3(1) of Tamil Nadu Prevention of Damages and Loss Act and sentenced him to undergo rigorous imprisonment for two years and under Sections 147 and 332 IPC to undergo rigorous imprisonment for a period of Six months by the learned Principal Sessions Judge, Erode, in S.C.No: 11 of 2000, dated 4.7.2000.
(2.) THE brief facts of the prosecution case are as follows:-
(3.) MOREOVER there are several complaints in respect of the same occurrence. But, P.W.5, conductor has denied his counter signing in the complaint preferred by the Driver as well as he denied the compliant given by the passengers to the Town Police Station. From the evidence of P.W.9 it is clear that there was a complaint given to the Erode Town Police Station. But no FIR has been registered. The present complaint has been given to the Erode Taluk Police Station. No reason is attributed by the prosecution as to suppressing the factum of giving a complaint to the Erode Town Police Station.