JDA Vs. PHOOL DEVI

JUDGEMENT

(1.) The Jaipur Development Authority through Director (Law) has preferred this appeal under Section 378 Cr. P. C against the judgment dated 1-5-2006 passed by Special Judge, (Sati Niwaran) Rajasthan & Addl. Sessions Judge, Jaipur in criminal appeal No. 336/2006, whereby he quashed and set-aside the Judgment dated 18-5-2005 passed by Addl. Chief Judicial Magistrate No.1, JDA. Jaipur in Case No. 305/ 1997 convicting the accused respondent under Section 72 of the JDA Act and sentencing her to undergo 6 months' SI with fine of Rs. 2000/-; in default of payment of fine, to further undergo 7 days' SI, and discharged the accused respondent.

(2.) Brief facts of the case are that a complaint was filed by Enforcement Officer of the JDA, who is a public servant, against the accused respondent mentioning the fact that on 25-9-1997, he visited the site along with the Jr. Engineer and patwari and then he found that accused respondent had constructed a room and a shop after encroachment upon the land of JDA/Govt. Situated at Khasra No. 1063 situated in village Jhotwara. The site report Ex. - P/l of the encroachment was prepared and afterwards the complaint was filed by the Enforcement officer under Section 72 of the JDA Act.

(3.) The accused was read over the substance of the offence. The accused respondent denied the charges and pleaded not guilty. To prove its case, the complainant appellant produced 4 witnesses and also produced some documents. In defence, the accused respondent produced 3 witnesses and got exhibited one document.