EXECUTIVE OFFICER BERHAMPUR Vs. K KASTURI BAI

JUDGEMENT

(1.) THIS appeal has been filed against the order of acquittal granted under Section 255(1), Cr.P.C. by learned J.M.S.C., Berhampur in favour of the respondent in 3(a) C.C. Case No. 342 of 1986, as per the impugned judgment dated 27th June, 1987,

(2.) IT appears from the impugned judgment and the L.C.R. that respondent faced the trial for the offence punishable under Section 385 -A of the Orissa Municipal Act (in short, 'the Act') on the allegation that she had constructed a new pucca building in Bhapur Bazar street abutting to the public road within Berhampur Municipality area without obtaining permission of the said Municipality, as required under the provision in Sections 264 and 266 of the Act. Respondent took the plea of complete denial. In course of trial, appellant examined three witnesses and relied on documents marked Exts. 1 to 5. The trial Court, on assessment of evidence, did not find the evidence led by the prosecution sufficient to warrant a conviction inasmuch as it did not specify the date of commencement of the offence and did not led evidence that complaint was made within one year from the date of commencement of the offence. Trial Court also recorded the finding that prosecution failed to prove service of show -cause notice on the accused and, therefore, benefit of doubt arising therefrom should go in favour of the accused.