ANTARAJAMI SHARMA Vs. PADMA BEWA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Bhawanipatna in Money Suit No. 11 of 1978 decreeing the claim of the plaintiff-appellant in part.

(2.) Appellant as the plaintiff, filed the above suit pleading, inter alia, that due to previous enmity with him, respondent Nos. 2 and 3 set up respondent No.1, who was working as maid servant in his house to lodge a false complaint against him and accordingly, respondent No. 1 lodged a complaint vide ICC No. 1 of 1976 (T.R. No. 113/76) in the Court of S.D.J.M., Bhawanipatna alleging therein that while she was sweeping the room in the house of the appellant, at about 8.00 p.m. on 7-12-1975, the appellant entered into the room, closed the door, pulled her saree and tried to rape her and that when she resisted, the appellant dealt slaps and fist blows causing some injuries on her face. That case was transferred to the Court of learned Subordinate Judge-cum-J.M.F.C., Bhawanipatna, where after trial an order of acquittal was recorded. According to the appellant, because of lodging of false complaint, his reputation in the society was severely affected and he also suffered mental agony and financial loss and therefore, he filed the suit for malicious prosecution claiming compensation from the respondents.

(3.) Respondents, as defendants filed joint written statement denying the allegations.of the plaintiff-appellant, pleading, inter alia, that the allegations made by respondent No. 1 in the complaint petition were true and that in fact the appellant outraged the modesty of respondent No. 1. They denied any loss of reputation or prestige of the appellant indicating that the appellant has no reputation at all.