BHUBAN CHANDRA Vs. BUDDHI RAM

JUDGEMENT

(1.) J. C. S. Rawat This is a Criminal Appeal against the order of acquittal dated 19-08-1980 passed by Sri P. K. Sharma, the then Munsif Magistrate, Nainital, in Criminal Case No. 107 of 1979, acquitting the accused-respondent u/s 500 I. P. C.

(2.) BRIEF facts for the disposal of this appeal are that an application was filed before S. D. M. u/s 107, 116 Cr. P. C. and in that application the respondent had written against the appellant that he was a man of bad character and he brings the girls and sett them out. On the basis of this averment, a complaint was filed u/s 500 I. P. C. , The learned Magistrate after taking the cognizance recorded the evidence of the complainant-Bhuban Chandra-PW1, Govind Ram-PW2 and Tara Ram- PW3. The complainant-PW 1 himself had sup ported the averments of the complaint made by him before the court. Govind Ram- PW2 had stated that the com plainant holds a very good character and reputation in the society but he had not stated directly or indirectly that the im putation directly or indirectly in his es timation lowered the moral or intellec tual character of the complainant. Tara Ram-PW3 had also stated that the com plainant had a good character but he had not stated that the reputation of the complainant had been lowered down in the society by the said imputation.

(3.) HEARD learned counsel for the parties and perused the record.