JUDGMENT :- This is an appeal preferred by the State of Madras against the acquittal by the learned Special Judge of Chingleput in C.C. No. 8 of 1955.

2. The case for the Prosecution is : The complainant Rajabadar, P.W. 2 is the owner of a tea stall in the bazaar road in Saidanet, a Suburb of the City of Madras. He has been carrying on this tea stall for the last ten years. P.W.2 is the owner of a house in the same street bearing door No. III, worth Rs. 5000/- P.W. 2 was getting from his tea stall business a monthly income of Rs. 100.

3. Five years ago P.W. 2 had installed a radio set in the tea shop. In fact in the City of Madras such radios which are played practically during the working hours have become the standard equipment. P.W. 2 was taking out licence for two years and was using the radio with the help of the electric connection from a neighbouring house. But later that neighbour is said to have refused to give the electric connection and the radio also is said to have gone out of order. P.W. 2 did not apply for a licence.

4. In the month following Pongal of 1934 one Inspector came and asked on seeing the aerial as to where the radio was and where was the licence. P.