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1957 Supreme(Ker) 130

KOSHI, VAIDIALINGAM
Chathu – Appellant
Versus
Govindan Kutty – Respondent


Judgment :-

1. This is a complaint's appeal, with special leave obtained from this Court under S.417 (31, Criminal Procedure Code, against an order of acquittal. In C C. No. 233 of 1956 on the file of the Additional First Class Magistrate (Judicial), Kozhikkode, the appellant before this Court launched a prosecution against the respondent herein for kidnapping from his lawful guardianship his daughter, a girl 17 years and 5 months old. The occurrence was alleged to have taken place on the morning of 11-7-1956 at about 8 A. M., but the complaint was filed only on 1-9-1956. On 11-7-1956 itself the appellant informed the Police that his minor daughter who was living with him in his house had disappeared from there and that her whereabouts remained unknown. When information reached him a week or so afterwards that the girl was living with the respondent in his house, a proper complaint was also lodged. The police registered a case against the respondent under S.366,1. P. C., but after investigation submitted a referred charge-sheet before the lower court. On receipt of notice from that court about the said police report, the appellant filed the complaint giving rise to this appeal. The













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