DEBA BRATA CHATTERJEE Vs. MAYA KANRAR AND ANOTHER

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 6.4.1992 passed by the learned Sub-Divisional Judicial Magistrate, Howrah in Case No.553-C of 1987 (T.R. No.28 of 1987) acquitting the opposite party no.1 from the accusation of having committed offence punishable under Sec. 500 of the Indian Penal Code.

(2.) Prosecution case, as alleged, against the opposite party no.1 is to the effect that the appellant was an Inspector of Police posted as O/C to the D.G. & I. G.'s Control Room, Writers' Buildings, Calcutta and he resided in the same locality as the opposite party no.1. On 16.8.1986 the opposite party no.1along with others were assaulting one Basanti Adhikary and upon hearing her shout for help the appellant along with others went to the place of occurrence and rescued her from further assault. Being aggrieved of such conduct of the appellant, the opposite party filed a complaint case on 29.8.2986 bearing no. 939/C of 1986 wherein she falsely alleged that the appellant being a married man had an intimacy with the said Basanti Adhikary and used to come to her room and spend the night therein. It was alleged that such imputation had lowered the reputation of the appellant in the estimation of his friends, family members and colleagues. Cognizance was taken on the said petition of complaint and process was issued upon the opposite party no.1. Substance of accusation was read over and explained to her to which she pleaded not guilty and claimed to be tried.

(3.) In the course of trial, the appellant himself and three other witnesses were examined. The defence of the opposite party no.1 was one of innocence and false implication. It was her specific defence that the said Basanti Adhikary was a licencee in her premise and an eviction suit had been instituted against her. The said Basanti Adhikary was introduced to the opposite party no.1 by the appellant herself who used to regularly visit her. It was also her plea that such imputation was protected under Exception 4 and 8 of Sec. 499 of the IPC.