GANESH CHANDRA PATI Vs. BAIDHAR PATI

JUDGEMENT

(1.) THIS Criminal Appeal has been filed by the complainant -appellant impugning the judgment of the S.D.J.M., Nilgiri in ICC No.26 of 1984 acquitting the accused -respondents of the charge under Sections 379 IPC.

(2.) PROSECUTION case in brief is that on 7th of June, 1984 the accused -appellants committed theft of eighteen jackfruits from his tree, with the value of which was more than Rs.300.00. On the basis of the complaint filed by the appellant, the accused -respondents faced trial for the charge under Sections 379 IPC. The defence was complete denial of the occurrence.

(3.) THE learned S.D.J.M. disbelieved the testimony of the prosecution witnesses as the same was shaky and there was no corroboration. The Court below also took note of the unexplained delay in filing the complaint and concluded that the prosecution was not able to prove its case beyond all reasonable doubts and accordingly acquitted the accused -respondents.