TERESA DSOUZA Vs. NORMAN ALBUQUERQUE

JUDGEMENT

(1.) THIS revision is at the behest of the first informant, upon whose complaint a case was investigated and a charge sheet was filed under Sections 447, 504 and 427 IPC. The respondent/accused came to be acquitted by judgment/order dated 20/09/2008.

(2.) HEARD Shri De Costa Frias, learned Counsel on behalf of the petitioner/first informant. The first informant was examined as PW1. The accused is the husband of the first informant's niece by name Loraine D'Souza/PW4. The first informant has a brother by name Leonard D'Souza/PW3, who teaches in a Higher Secondary School at Mandrem and all the witnesses examined in the case were residents of Mandrem, including the panch witnesses. There was an earlier case filed by her, against the accused which ultimately ended in fine of Rs. 1,000/- being imposed against the accused, each under Section 509 and 426 IPC, in default 3 months SI. It appears that presently relations between Loraine D'Souza/PW4 and her husband, the accused are also strained.

(3.) THE accused appears to be claiming co-ownership to the said house, through the said niece. This can be seen from the relevant part of the judgment: