JUDGMENT

I. M. QUDDUSI, J. : This criminal appeal has been filed against the judgment and order dated 7th July, 1987 passed by the 1st Addl. Sessions Judge, Berhampur, in Criminal Appeal No. 2/1987 (Criminal Appeal No. 233 of 1986( GDC) allowing the appeal and setting aside the order passed by the learned Judicial Magis¬trate Second Class, Berhampur in 3 (a) C.C.No. 175 of 1985 con¬victing respondent No. 1 under Section 386-A of the Orissa Munic¬ipal Act and sentencing her to pay a fine of Rs. 384/- and further imposing daily fine at the rate of Re. 1/- for the period from 22.2.1985 till date of judgment amounting to Rs. 616/-, in all to pay a fine of Rs. 1,000/-, in default, to undergo simple imprisonment for three months.

2. At the very outset, it is necessary to mention the facts. It was alleged that respondent No.1 had constructed a pucca building at the locality, namely, Nilakantha Nagar Street in Ward No. 21 within Berhampur Municipal area without obtaining any valid permission or licence from the municipal authority. Neither the date of starting nor completion of the construction of the building was known the Municipal authority nor the such dates were not disclosed anywhere