BAKUL DAS Vs. BIPUL DAS

JUDGEMENT

(1.) This appeal by the complainant is directed against the judgment dated 07.08.2007 passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 15(2) of 2007 whereby he allowed the appeal of the respondent herein and set aside the judgment of the learned Judicial Magistrate, 1st Class, Udaipur, South Tripura dated 05.02.2005 convicting the respondent of having committed an offence punishable under Section 498A of the IPC.

(2.) It is submitted by Sri Sekhar Dutta, learned legal aid counsel for the appellant that the order of acquittal is totally illegal. The main contention raised is that the order of acquittal has been passed mainly on the ground of delay in lodging the complaint which has not been adequately explained. It is also stated that the statement of the wife that she was tortured has been discarded without discussion.

(3.) I have gone through the judgment of the learned Sessions Judge and I find that he has discussed the entire evidence. He has taken into consideration the fact that according to the complainant she was tortured on 20th July, 2005 at about 9/9.30 am in Santirbazar Bazar but filed the complaint almost 6(six) months later. It appears that earlier also the complainant had filed a similar case being C.R. No. 590 of 2003 but that was settled amicably. According to the complainant fresh occurrence took place on 20th July, 2005. Her explanation for the delay is that after the occurrence of 20th July, 2005 many baithaks took place and many efforts were made to amicably settle the matter. The learned lower appellate Court held and rightly so that no witness has been produced to show who attended the baithaks. Only the complainants has stated that such baithaks were held but no person who took part in such baithak/reconciliation proceeding has been examined.