EXECUTIVE OFFICER BERHAMPUR Vs. MANASI SAHOO

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order of acquittal dated 18.8.1988 passed by the J.M.S.C., Berhampur in 3(a) C.C. No. 273 of 1986 (T.R. No. 3170 of 1986).

(2.) THE case of the prosecution, in short, is that on 21.12.1985 during the visit of the Municipal Amin (P.W. 1), it was found that the accused -respondent was constructing a new house obstructing the public road. It is alleged that the accused -respondent was making the said construction without obtaining prior permission of the appellant. As such, she contravened Sections 264 and 266 of the Orissa Municipal Act, 1950 (hereinafter referred to as 'the Act'). A prosecution report against the accused -respondent was filed before the S.D.J.M., Berhampur which registered as 3(a) C.C. No. 273 of 1986.

(3.) TO substantiate the accusation, prosecution exam ined two witnesses and exhibited six documents. P.W. 1 is the Amin, and P.W. 2 is the Town Surveyor of Berhampur Municipality. Defence examined none. The J.M.S.C., Berhampur, who tried the case, by his judgment dated 18.8.1988 acquitted the accused -respondent of the offences with a finding that the prosecution has failed to prove the ingredients of the above offences.