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2004 DIGILAW 1339 (AP)

Padmamma v. A. V. R. Narsimha Rao S. I. Police, Tandur R. R. District

2004-11-09

P.S.NARAYANA

body2004
P. S. NARAYANA, J. ( 1 ) HEARD Sri Raghunath, counsel representing the appellant and also smt. Jhansi, representing B. Adinarayana rao, counsel representing first respondent and the learned Additional Public Prosecutor. ( 2 ) SRI Raghunath, learned counsel representing appellant with all vehemence would contend that this is a typical case of torture and ill-treatment of a woman, who made a request to the first respondent- accused to take action against the offender and instead of taking action against the offender, the first respondent-accused beat the complainant - appellant. Learned counsel also would submit that the evidence of P. W. 1 is well supported by her duaghter P. W. 2 and in the light of the evidence available on record, the evidence of P. Ws. 1 and 2, exs. P-2 and P-3 the photographs and exs. P-4 and P-5 the negatives and the news item published in Ex. P-6 and also the wound certificate Ex. P-7 the prosecution was able to establish the charge as against first respondent-accused beyond all reasonable doubt and hence acquittal recorded cannot be sustained. ( 3 ) ON the contrary, Smt. Jhansi, learned counsel representing first respondent would submit that this is a private complaint filed by the appellant-complainant as against the then sub-Inspector of Police, Tandur P. S. under section 324 of the Indian Penal Code. Except the evidence of P. Ws. 1 and 2 the interested testimony, there is no other evidence available on record. Learned counsel also would submit that the news item published as Ex. P-6 need not be given serious consideration, since it is only a publication made in a newspaper which is just in the nature of hearsay evidence. Learned counsel also would submit that when acquittal had been recorded, unless there are compelling reasons to arrive at a different conclusion, normally the order of acquittal not to be disturbed in appeal, even if on appreciation of evidence the other view also is possible, hence, the acquittal not to be disturbed by this Court as appellate Court. ( 4 ) THE learned Additional Public prosecutor also had taken this Court through the evidence of P. Ws. 1, 2 and 3 and would submit that such acts, if any, on the part of police officials may have to be deprecated. ( 5 ) HEARD the counsel on record. ( 4 ) THE learned Additional Public prosecutor also had taken this Court through the evidence of P. Ws. 1, 2 and 3 and would submit that such acts, if any, on the part of police officials may have to be deprecated. ( 5 ) HEARD the counsel on record. ( 6 ) THIS an appeal preferred by the private complainant Smt. Padmamma as against the order of acquittal recorded in relation to a. V. R. Narasimha Rao, the then Sub-Inspector of Police, Tandur for the offence under Section 324 of the Indian Penal code, who is arrayed as R-1 in criminal appeal. ( 7 ) THE case of the prosecution is that at about 4 months back, prior to the filing of the private complaint, a theft occurred in the house of the complainant. On 11 -5-1997 the complainant caught hold of an offender, who committed theft in her house and handed over the said offender to the police station, tandur, where the accused beat the complainant with lathies on her body and caused injuries. On a written complain by the said Padmamma-complainant before the Court on 12-5-1997 the Magistrate was pleased to refer the complainant to g. C. H, Tandur for treatment and she was examined by the doctor and wound certificate was issued stating that all the four injuries are simple in nature. The Magistrate also was pleased to record the sworn statement of the complainant and cognizance was taken under section 324 of the Indian Penal Code a against R1-accused. ( 8 ) IN order to substantiate her case, the complainant examined herself as P. W. 1, the daughter of complainant was examined as p. W. 2 and the doctor was examined as p. W. 3. Ex. P-1 is the complaint, Exs. P-2 and p-3 are the photographs, Exs. P-4 and P-5 are the negatives corresponding to Exs. P-2 and P-3, Ex. P-6 is the news item published in vaartha dated 19-8-1997, Ex. P-7 is the wound certificate dated 12-5-1997. The question of obtaining or non-obtaining sanction for prosecution under Section 197 of the Code of Criminal Procedure while taking cognizance of an offence as against a police officer, had neither been raised nor canvassed by either of the parties. P-6 is the news item published in vaartha dated 19-8-1997, Ex. P-7 is the wound certificate dated 12-5-1997. The question of obtaining or non-obtaining sanction for prosecution under Section 197 of the Code of Criminal Procedure while taking cognizance of an offence as against a police officer, had neither been raised nor canvassed by either of the parties. It is no doubt true that prima facie, on the material available on record, it cannot be said that the acts alleged to have been purported by the police officer can be said to be in discharge of his official duties. No police officer is expected to beat a lady in the manner as alleged by the complainant-P. W. 1. Hence, in the facts and circumstances of the case, this Court is of the considered opinion that inasmuch as such acts would not fall within the discharge of the official duties of a police officer, no sanction is required. At any rate, this question was not raised by either of the parties. ( 9 ) THE learned Judicial Magistrate of First class, Tanduron appreciation of the evidence of P. Ws. 1 and 2, had recorded a finding that no independent witnesses had been examined and apart from this aspect of the matter the photographs also were viewed with suspicion. The possibility of self-infliiction of injuries on the person of P. W. 1 also had been recorded. P. W. 2 is the daughter of p. W. 1. No doubt, she had deposed about details and had corroborated the evidence of p. W. 1, there are certain discrepancies in between the evidence of P. Ws. 1 and 2 in relation to the way in which P. W. 1 was beat and the weapon which had been used for the purpose of beating. It is no doubt, true that the evidence of doctor P. W. 3 is available on record and Ex. P-7 is the wound certificate. It is needless to say none, concerned with the photographs Exs. P-2 and P-3 and Exs. P-4 and P-5, had been examined and the news item Ex. P-6 is just in the nature of hearsay and this news item Ex. P-6 is not going to help the case of the prosecution in any way. P-7 is the wound certificate. It is needless to say none, concerned with the photographs Exs. P-2 and P-3 and Exs. P-4 and P-5, had been examined and the news item Ex. P-6 is just in the nature of hearsay and this news item Ex. P-6 is not going to help the case of the prosecution in any way. ( 10 ) SUBMISSIONS at length were made by the learned counsel for the appellant that such things should not be permitted in police stations. When an unfortunate woman approaches the police for redressal of her grievance, instead of looking into the grievance, police officer harassing and torturing the complainant would be a very serious matter. There cannot be any doubt or controversy in this regard. This Court need not observe further how the police officers are expected to behave in matters of this nature. At the same time, when two views are possible and when the learned Magistrate recorded certain reasons and had taken a particular view merely because yet another view is also possible while appreciating the evidence of P. Ws. 1 and 2, this Court cannot disturb an acquittal recorded. In view of the same, this Court is not inclined to disturb the findings recorded by the learned Magistrate, in the light of the limitations imposed on the appellate Court, in re-appreciation of evidence as against the order of acquittal. ( 11 ) HENCE, the appeal shall stand dismissed being devoid of any merit.