BASILIO N FERNANDES Vs. KRISHNANATH KHANDEPARKAR

JUDGEMENT

(1.) The appellant herein filed a criminal complaint against the respondent No.1 Krishnanath Khandeparkar, charging him of having committed offences under Sections 323 and 504 of the I P.C. It is his case that on 25th October, 1986 and at the ferry jetty of Chorao, the accused uttered a buses against the complainant and thereafter, assaulted him with fist blows on the face, as a result of which the complainant sustained a bleeding injury on his right cheek just below the right eye.

(2.) The accused/first respondent pleaded not guilty to the charge and therefore, evidence was recorded and ultimately, the learned Magistrate disposed of the case by his judgment dated 3th November, 1987 whereby he acquitted the accused. It is against this acquittal that this Appeal is moved with the leave of the Court.

(3.) The learned Magistrate acquitted the accused on three grounds, namely (1) that the complaint was lodged with a delay of 25 days which was not explained; (2) that the incident took place at 7.15 a.m. at the Chorao jetty. At that time, many people were present, but the complainant did not examine any independent witness; and (3) that the complainant did not file a complaint before the police. To say the least the above reasons given by the learned Magistrate to record the acquittal are surprising. They are not at all germane and in no manner justify the discarding of the prosecution witnesses, which actually establish beyond any reasonable doubt the offences complained of.