SAIMAWII SAILO Vs. LALHMINGMAWIA RENTHLEI

JUDGEMENT

(1.) Heard Mr. Jonathan L. Sailo, learned counsel for the appellant/complainant and Mr. Zodinpuia Hnamte, learned counsel for the respondent/opposite party.

(2.) This is an appeal filed by the appellant/complainant and is directed against the Order dtd. 30/5/2018 passed by the Chief Judicial Magistrate, Serchhip in Criminal Complaint No. 2/2016 by which the complaint submitted by her under Sec. 190 of the Code of Criminal Procedure, 1973 (Cr.PC) read with Sec. 499/500 of the India Penal Code (IPC) was disposed of by giving the respondent/opposite party the benefit of doubt and thereby, acquitting him from the charge. Since the appeal is against the acquittal, the appellant filed Criminal Leave Petition No. 1/2018 under Sec. 378 (4) of the Cr.PC and the same was allowed vide Order dtd. 22/10/2018.

(3.) The case of the appellant is that she is a bona-fide member of the Mizo Hmeichhe Insuihkhawm Pawl (MHIP), which is a Non-Governmental Organization (NGO) for women in the State of Mizoram. She was elected as the President of MHIP Sub-Headquarters, Serchhip. The respondent is a married man, married to Smt. Lalnunsangi. Since the year 2012, the respondent tried to have illicit relationship with the appellant but the appellant never wanted to have such a relationship, especially with a married man like the respondent. The respondent despite several attempts did not succeed to have illicit relationship with the appellant but despite this, the respondent claimed that he had a relationship with the appellant and he could do whatever he wanted with the appellant, which irritated and agonized Smt. Lalnunsangi, the wife of the respondent. Smt. Lalnunsangi started reacting against the appellant and as a result, they quarreled a few times on the street. Consequently, the respondent's wife Smt. Lalnunsangi made a complaint before the MHIP General Headquarters, Aizawl. As a result of the complaint, the appellant was removed from the post of President, MHIP Sub-Headquarters, Serchhip and also from her membership to the said NGO. Thereafter, the appellant filed a criminal complaint against the respondent under Sec. 190 of the Cr.PC read with Sec. 499/500 IPC alleging that the respondent has defamed her and should be punished as per the relevant provisions of law. The criminal complaint was registered and numbered as Criminal Complaint No. 2/2016.