Inordinate delay in filing a complaint and lack of evidence to prove guilt beyond reasonable doubt can lead to acquittal.

This appeal has been preferred against the judgment in C.C.No.9700 of 1998 on the file of the Court of Versus Metropolitan Magistrate, Chennai. The appellant is the complainant. A private complaint was preferred by the complainant under Section 200 Cr.P.C for an offence under Section 380 IPC for the alleged theft of plaque in C.S.I. Church, committed by the accused.

2) The short facts of the private complaint preferred by the complainant are as follows:

A C.S.I. Church was constructed at No.1, Jaganathan Salai, Periyar Nagar, Madras-82 in the land allotted by the Government free of cost. The foundation stone for the church under construction was laid on 110. 1987 by the then Bishop of Madras Diocese, Rt. Rev. Sundar Clark. The plaque contains the following words:

With ulterior motive, Mr. Frank Moses of Vepery, filed a suit, styling himself to be the President of Periyar Nagar, Christian Association and obtained a stay. Taking advantage of the exparte order of ad-interim injunction, Mr. Frank Moses and his man did not allow 52 CSI families to enter into the church and worship. A Division Bench of this Court passed an order on 212. 1994 permitting CSI group to have their prayers in the church under the leadership of their paster. So, CSI families are worshipping in the church along with their presbyters. It was brought to the light through the watchman of the church that the plaque laid by the then Bishop of Madras Diocese was missing from the place, where it was laid. On an enquiry, it was brought to the notice that the said plaque was stolen by Mr. S. Rajan Babu, under Secretary, P.W.D. Department, Tamilnadu Secretariat. Hence the complaint.

3) Since the police have refused to register a case on the complaint preferred by the complainant, they approached this Court. This Court in its order in Crl.O.P.No.12904 of 1997 directed the third respondent Inspector of Police, Rajamangalam Police Station, Kolathur, Madras to register a case and take up investigation. The police, thereafter, registered a case, but after investigation referred the same as mistake of fact. Again, the complainant approached the trial Court by way of private complaint. After recording the sworn statement, the private complaint was taken on file by the learned Judicial Magistrate in C.C.No.9700 of 1998 under Section 380 IPC. When the accused appeared on summon before the learned Judicial Magistrate, copies under Section 207 Cr.P.C. were furnished to the accused, when the offence levelled against him was explained to him and questioned he pleaded not guilty.

4) On the side of the complainant, P.Ws 1 to 6 were examined. Exs P1 and P2 were marked. P.W.1, the Secretary of CSI Church, Periyar Nagar would depose that Ex P1 is the document to show that the accused Rajanbabu is a member of the Advisory Committee in CSI Church and that the Government have allotted 7 + grounds for constructing a church at Periyar Nagar and the said land was purchased by an unregistered Christian Association and later was handed over to CSI church in the year 1983 and in the year 1984, CSI church was functioning in a thatched shed under the supervision of Madras Diocese and an Advisory Committee was also appointed to manage the affairs of the church. A committee was constituted with six members to administer the accounts of the church and the accused is one of the members of the said committee. On 110. 1987, Bishop Sundar Clark had laid foundation stone for the construction of CSI Church. M.O.1 series are the photographs taken in the said laying of foundation stone function. P.W.1 claims that he was a Treasurer of the new committee constituted after the dissolution of the earlier Advisory Committee. Ex P2 is the document dated 12. 1991 to show that P.W1 was appointed as a Treasurer of the said Advisory Committee. Since the earlier committee has not submitted the accounts properly, P.W.1 has filed a civil suit against the accused and his associates. After filing the suit, th