EXECUTIVE OFFICER BERHAMPUR Vs. RAMA SAHOO

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order of acquittal dated 11.07.1988 passed by the J.M.F.C., Berhampur in 3 (a) C.C.No. 191 of 1985 (T.R.No. 310 of 1987).

(2.) THE case of the prosecution, in short, is that on 18.03.1985 it was found that the accused -respondent had constructed a new pucca building on the back side of her existing building without obtaining prior permission of the appellant. As such, the accused -respondent 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 was registered as 3 (a) C.C.No. 191 of 1985.

(3.) TO substantiate the accusation, prosecution examined four witnesses and exhibited five documents. P.W.1 is the Amin, P.W.2 is the Surveyor, P.W.3 is a Peon and P.W.4 is the Tax Daroga of Berhampur Municipality. Defence examined none. The J.M.F.C., Berhampur, who tried the case, by her judgment dated 10.07.1987 acquitted the accused -respondent of the offences with a finding that the prosecution has failed to prove the ingredients of the above offences.