PREM SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) The appellants/plaintiff was not successful in seeking damages of Rs.5.00 lakhs along with interest @ 18% per annum against the defendants on account of malicious prosecution and defamation.

(2.) It was alleged that defendant No.1-wife of the defendant No.2 unnecessarily roped the plaintiff in a private criminal complaint of outraging her modesty under Ss. 323, 452, 354, 506/34 IPC, resulting into acquittal after undergoing the horrendous trial of 11 years. The plaintiff suffered a heart attack and lateron died.

(3.) Mr. Bakshi, learned counsel for the appellants submits that once the criminal Court categorically gave the finding with regard to the false implication, it is a fit case where the plaintiff was liable to be awarded damages.