THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE No.531 OF 2010 Dated : 18.03.2010 Between : Alapapka Lakshmamma … Petitioner-Defacto Complainant A n d Nelluru Ankaiah @ Venkaiah & others … Respondents THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE No.531 OF 2010 ORDER: This Criminal Revision Case is filed by the petitioner-de facto complainant under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the judgment dated 06.01.2010 passed in C.C.No.184 of 2003 by the learned Additional Judicial Magistrate of First Class, Kovvur, wherein the learned Magistrate acquitted respondent Nos.1 to 4 herein for the offence punishable under Sections 447, 352 and 424 IPC. 2) Heard. 3) The allegation against the accused-respondent Nos.1 to 4 is of trespassing into the fishpond situated in the land of the complainant and high handedly taking away 80 kgs. of fish worth Rs.32,000/-. 4) The accused pleaded not guilty when examined under Section 251 Cr.P.C. and on behalf of the Prosecution as many as 11 witnesses were examined apart from other documentary evidence. 5) The learned Magistrate on the basis of the material available on record held that the prosecution case is not proved beyond reasonable doubt and acquitted the accused-respondent Nos.1 to 4. 6) As seen from the impugned judgment, there is no consistency between the evidence of main witnesses PWs 1, 2 and 4 and there is enormous delay of 10 days in giving complaint to the Police. In such circumstances, the finding of the learned Magistrate cannot be said to be erroneous. I see no grounds in this revision. 7) Therefore, the Criminal Revision Case is dismissed. _____________________ P. SWAROOP REDDY, J. Date: 18-03-2010 sur