LAWS(MAD)-2007-6-62

ANANDI Vs. DHARMALINGAM

Decided On June 07, 2007
ANANDI Appellant
V/S
DHARMALINGAM Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in c. C. No 10 of 1997 on the file of Judicial Magistrate No. 2, Cheyyar.

(2.) A Private complaint was preferred by the appellant herein against the accused 1 to 10 under Section 200 of Cr. P. C. for an offence punishable under Sections 147,148,379 & 506 (ii) of IPC. After recording the sworn statement of the complainant, the learned Judicial Magistrate No. 2, Cheyyar had taken the complaint on file as C. C. No. 10 of 1997. The accused appeared on summon before the learned judicial Magistrate and copies under Section 207 Cr. P. C. were furnished to the accused, when the offence levelled against them was explained to them,they pleaded not guilty.

(3.) IN an appeal against the acquittal, the main point to be gone into is whether the Judgment of the learned Judicial Magistrate is perverse in nature to warrant interference from this Court. Only on the ground that there are discrepancies in the complaint preferred by the complainant before the police, on the date of occurrence and the oral evidence let in by the complainant, the learned Judicial Magistrate has come to a conclusion that the occurrence would not have taken place as alleged by the complainant in her complainant before the police dated 13. 12. 1996.