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1979 Supreme(SC) 82

A.D.KOSHAL, S.MURTAZA FAZAL ALI
K. Lakshmana Rao – Appellant
Versus
Public Prosecutor, State Of A. P. – Respondent


Judgment

FAZAL ALI, J.:- In this appeal by special leave the appellant has been convicted by the Trial Magistrate under Section 354, I. P. C. and sentenced to a fine of Rs. 100/-. On an appeal to the Sessions Judge the appellant was acquitted. The State thereafter filed an appeal before the High Court against the order of the acquittal passed by the Sessions Judge. The High Court in appeal reversed the judgment of the Sessions judge and set aside the order of acquittal and convicted the appellant under Sec. 354, I. P. C. and sentenced him to a fine of Rs. 100/- and hence this appeal by special leave.

2. Mr. Kohi in support of the appeal has raised a short point before us. He has submitted that the entire prosecution case appears to be a complete afterthought and cooked up after the police came into the picture. He has drawn our attention to the first information report which was lodged by the informant which may be extracted to show the nature of allegations made by the informant against the appellant:

"I, the petitioner working as Health Vistor at D. M. & H. O. Office, Nalgonda, for the last 5 years. In our office there is one L. D. C. named Murlidhar Rao. Recently I got transfer ord






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