Bellie, J. — This is an appeal against the acquittal in a private complaint.
2. The case against the four accused is that the complainant Mahboob Basha is a tenant in the premises of A1. He did not pay rent for some time. Therefore A1 and his sons A2 to A4 demanded rent. On the date of occurrence i.e on 6.4.1985 at about 4.00 p.m the four accused came to the premises, and A. 1 was standing outside. All the three others entered into the shop, threw away the tailoring machine and clothes and thereby the complainant has sustained a damage of Rs. 1000/-. A police report was given, but no action has been taken thereon and therefore a private complaint had to be filed for offence under Sections 448 and 427 I.P.C The four accused denied the charge.
3. The learned Second Class Magistrate, Ponneri, on consideration of evidence adduced by the prosecution held that the prosecution has not proved guilt of the accused satisfactory. On this finding the learned Magistrate acquitted the accused. It is against this order this Criminal Appeal has been filed by the complainant.
4. According to the complainant the occurrence happened on 6.4.1985 The Private complaint has been filed long after on 24.7.1985 It appears, according to the complainant, that he appears, according to the complainant, that he gave a report to the police but the police has not taken any action thereon. But as regards this no proof has been adduced. No petition has been filed for sending for any such complaint from the police station, not even a copy of any such complaint has been filed. Therefore the case of the accused that he gave a complaint to the police cannot be believed. That being the case, the private complaint has been given only after a long lapse of time, that is about 3-1/2 months after the occurrence. This circumstance itself would show that the case of the complainant is difficult to believe. The Court below has found lot of contradictions between what is stated in the complaint and the evidence of the complainant, and between the evidence of the complainant and the evidence of other witnesses in the case.
5. In the position, it cannot be said that the Court below has come to a wrong conclusion. It may be stated that only because another conclusion is also possible that cannot be a ground for interfering with the order of acquittal. Thus I find no merit in the appeal. Accordingly the appeal is dismissed.