THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.138 OF 2008 DATED 20th JANUARY, 2011. BETWEEN : M.Venkata Venugopalakrishna .. Appellant- Complainant and S.Nancharaiah & others ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.138 OF 2008 JUDGMENT: This is an appeal preferred by the appellant-de facto complainant being aggrieved over the judgment rendered in Calendar Case No.178 of 2001 wherein the learned Judicial Magistrate of First Class, Tiruvuru, acquitted the accused-respondents for the offence under Sections 384, 324 and 347 read with 34 of Indian Penal Code. Brief facts of the case are that complainant, A.4 and A.5 are distant relatives. Complainant borrowed Rs.29,400/- from A.4. To recover such money, A.4 and A.5 influenced A.1 to A.3, who were working as Sub-Inspector of Police and constables respectively in Gampalagudem Police Station, due to which on 29.07.1998 A.2 and A.3 at the instructions of A.1 took the complainant to Police Station, where A.1 forced the complainant to execute a sale agreement in favour of A.4 and A.5 towards discharge of the amount borrowed from them and when the complainant refused to do so, he was detained in prisoners’ cell for all the night and on the next day he was released from prisoners’ cell. Further, it is also alleged that A.1 to A.3 also snatched away cash of Rs.8,500/- and a gold chain wg.2 ½ sovereigns worth Rs.10,000/- from the possession of the complainant and did not return the same to the complainant. Since the Police failed to take any action against the accused, the complainant approached the trial Court by filing a private complaint. In order to prove his case, the complainant got examined PWs 1 and 2. In their defence, accused got examined D.W.1 and marked Exs.D.1 and D.2. After evaluating the entire oral and documentary evidence available on record, the learned trial Judge acquitted the accused as stated above. Challenging the same, present appeal has been preferred by the complainant. Heard. Learned trial Judge acquitted the accused on the ground that even though the occurrence took place in the month of July, 1998, the complaint before the Police is lodged only on 02.11.1998 i.e. after a lapse of four months. He further observed in the impugned judgment that admittedly, there are strained relations between A.4, A.5 and complainant and civil suits are also pending between them, which creates a doubt regarding the reality of the occurrence and also the fabrication of a false complaint against the accused. The learned Magistrate after evaluating the entire evidence taken into consideration the evidence which is in favour of the accused and acquitted the accused. Hence, this Court is of the view that there is no need to interfere with the order of acquittal and the appeal shall fail. Accordingly, the Criminal Appeal is dismissed. Miscellaneous petitions filed in this Criminal Appeal, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 20.01.2011 sur