1. This appeal against acquittal is directed against judgment and order dated 11.06.20134 passed by learned Judicial Magistrate First Class, Kamalpur in Case No. C.R.2761 of 2009.

2. Respondent No.1, Sri Paritosh Das, a Sub-Inspector of Police was charged for commission of offence punishable under Section 342/323 of IPC and by the impugned judgment and order he has been acquitted and hence, this appeal.

3. Heard learned counsel, Mr. P. Roy Barman for the appellant and learned senior counsel, Mr. S. Deb for the respondent No.1 and learned P.P., Mr. A. Ghosh for the State-respondent.

4. This is a case instituted on a complaint filed by the appellant directly before learned Sub-Divisional Judicial Magistrate, Kamalpur on 05.10.2009.

4.1. In a short compass the allegation made in the complaint is that on 31.08.2009 at about 02-30 pm, the complainant, Nishan Saha along with his two friends, namely, David Hrangkhal and Amit Nath riding a motorbike from Ambassa went to Dulubari and near Dulubari market in front of the Telephone Exchange they parked the motorbike by the roadside and were chatting sitting over it. At that time the accused Paritosh Das, a Sub-Inspector of Ambassa P.S