Back
HIGH COURT OF SIKKIM
Bhaskar Raj Pradhan, J
Hem Prasad Subedi – Appellant
Versus
Deo Narayan Dahal – Respondent
| Table of Content |
|---|
| 1. revision petition filed against rejection of plaint in malicious prosecution case. (Para 1 , 2) |
| 2. details of fir and subsequent trial leading to acquittal. (Para 3 , 4) |
| 3. legal obligations under pocso act concerning reporting and liability for false complaints. (Para 11 , 20 , 28) |
| 4. court's interpretation of good faith protection under the pocso act. (Para 29 , 30) |
JUDGMENT (ORAL)
Bhaskar Raj Pradhan, J.
2. The suit was filed by the respondent no.1 against the petitioner for recovery of money for malicious prosecution and other reliefs. In the plaint it was averred that the petitioner was a teacher by profession and the defendant no.2 (the respondent no.2 herein) was the State of Sikkim who had prosecuted the respondent based on false First Information Report (FIR) lodged by the petitioner. The plaint categorically states that the respondent no.1 is not seeking any reliefs against the respondent no.2.
4. It is stated in the plaint that the prosecution examined 12 witnesses and after a protracted trial the respondent no.1 was acquitted on 21.03.2018. It is averred that the petitioner had lodged the false FIR against the respondent no.1 without a reasonable or probable
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
