PHULMATI BISWAS Vs. HARI MANDAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.4.1987 passed by the learned Sessions Judge, Koraput, Jeypore allowing Criminal Appeal Nos. 43 and 51 of 1986 whereby conviction of the respondents by the trial Court was set aside. This appeal is pending in this Court since 1987, that too it is an appeal against the order of acquittal. Of course none is available for the respondents. Since the appeal was filed in this Court and about 18 years' time has elapsed, hence I reject the prayer made on behalf of the learned counsel for the appellant for time.

(2.) THE respondents were prosecuted in a complaint case on the charges of defamation. Prosecution story as alleged by the complainant/appellant before the Magistrate in brief is that accused party in a representation before the Sub -Divisional Officer, Malkangiri on 28.12.1982 and another on 30.12.1982 addressed to the Superintendent of Police, Koraput falsely alleged that strangers were visiting the house of the appellant and also that the appellant was leaving her house at night with strangers. Therefore, it was alleged in the complaint that the respondents had started a vilification campaign against the appellant. So a case under Section 500, IPC was started before the Court of Magistrate against the respondents on the complaint of the appellant. On conclusion of the trial, learned trial Court came to a finding that the accused -respondents were authors of that petition which in fact had adversely affected the reputation and prestige of the appellant and accordingly convicted them under Section 500, IPC for making defamatory allegation against the appellant in their representation before the Sub -Divisional Officer, Malkangiri and Superintendent of Police, Koraput and on conclusion of the trial, respondents were sentenced to undergo S.I. for six months and to pay a fine of Rs. 200/ - each in default to undergo simple imprisonment for a further period of 15 days. - -