Bangalore District Court
State By Kamakshipalya P.S vs Kt Gurumurthy on 7 June, 2016
IN THE COURT OF THE V ADDL. C.M.M., BENGALURU CITY
Dated this the 7th day of June 2016.
Present:
Sri A. Somashekara, B.A.L., L.L.M.,
V Addl., C.M.M., Bengaluru City.
CC No.27988/2014
Complainant: State by Kamakshipalya P.S.,
(Rep., by Sr. APP, Bengaluru)
Vs.
Accused: 1.KT Gurumurthy
S/o Late P Thimmaiah, 40 Yrs.,
R/a No.738, VHBS Layout, Halage
Vaderahalli Vilage,
Rajarajeshwarinagar,
Bangalore-560 094.
And also at Bettegowdana Koppaly,
KIthoor Grama, Bettadapura Hobli,
Periyapatna Tq., Mysore Dist.,
(Rep. by..................., Adv.,)
JUDGMENT AS PER SEC. 355 Cr.P.C.
1. Serial number of the case : CC No.27988/2014
2. Date of the commission of
the offence : 1.7.2013 to 29.10.2013
3. The name of the complainant : Smt. Vimala M
4. Name of the accused person
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and his parentage and residence: As stated above.
5. The offence complained off
are proved :U/s.465 468 471 & 420 of IPC
and Sec.3, 10 and 19 of Kar.,
Private Medical Establishment
Act 2007
6. The plea of the accused and :Pleaded not guilty and
his examination denied the incriminating
evidence.
7. The final order : Acquitted.
8. The date of such order : 07.06.2016
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THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief is that the accused without
having any permission/license from the Health Department
established Shrusti Global and Diagnostic Pvt., Ltd., at No.41/2-1,
I Cross Road, KHB Colony I Stage, Basaveshwaranagara, within
the limits of Kamakshipalya P.S., Bangalore, and falsely publishing
of solving 100% infertility through IVF treatment with an intention
to cheat the public, without displaying the board showing the
expenditure to the said treatment, details of the Doctors, and the
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CC No.27988/2014
facilities available in the said hospital. Further the accused
without obtaining any educational qualifications related to IVF,
created the false educational certificates, made believe that the
same are originals, even though he is not a Doctor, made believe
that he is a doctor, and falsely assuring the couples that they will
get child through IVF treatment, and received money, got issued
receipts for IVF treatment and the remaining amount as donation
to Shrusti Global Medicare and Research Foundation, misutilzed
the said amount, by leaving the blank in the agreement with the
infertility couples, and received amount from the patients who
were suffering from infertility on false assurance, and cheated the
publics without providing IVF treatment, without solving the
infertility and without returning the amount. Therefore, the
accused person has committed an offences punishable U/s.465,
468, 471 and 420 of IPC and Sec.3, 10 and 19 of Kar., Private
Medical Establishment Act 2007. Hence, the charge sheet.
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CC No.27988/2014
. 2.During crime stage the accused person is enlarged on
regular bail. After submission of this charge sheet, this court has
taken cognizance of the aforesaid offences against the aforesaid
accused person. Copies of the charge sheet have been furnished
to accused person as per Sec. 207 of Cr.P.C., With no objection
from the Counsel for the accused person, this Court framed
charge for the aforesaid offence against him. The same read
over and explained to the accused person in the language known
to him. He pleaded not guilty. The prosecution has examined the
complainant, as PWs.1, and it has got marked two documents as
Ex.P-1 and P-2. Statement of the accused person has been
dispensed since no incriminating evidence placed against him.
3.Heard the arguments of both sides, perused evidence
placed before the court.
4.The following points that would arises for my
determination:
1.Whether the prosecution proves beyond all-
reasonable doubt that the accused without having
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CC No.27988/2014
any permission/license from the Health Department
established Shrusti Global and Diagnostic Pvt., Ltd.,
at No.41/2-1, I Cross Road, KHB Colony I Stage,
Basaveshwaranagara, within the limits of
Kamakshipalya P.S., Bangalore, and falsely
publishing of solving 100% infertility through IVF
treatment with an intention to cheat the public,
without displaying the board showing the
expenditure to the said treatment, details of the
Doctors, and the facilities available in the said
hospital. Further the accused without obtaining any
educational qualifications related to IVF, created the
false educational certificates, made believe that the
same are originals, even though he is not a Doctor,
made believe that he is a doctor, and falsely
assuring the couples that they will get child through
IVF treatment, and received money, got issued
receipts for IVF treatment and the remaining
amount as donation to Shrusti Global Medicare and
Research Foundation, misutilzed the said amount,
by leaving the blank in the agreement with the
infertility couples, and received amount from the
patients who were suffering from infertility on false
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CC No.27988/2014
assurance, and cheated the publics without
providing IVF treatment, without solving the
infertility and without returning the amount and
thereby committed an offences punishable U/s.465
468 471 and 420 of IPC and Sec.3, 10 and 19 of
Kar., Private Medical Establishment Act 2007 as
alleged?
2.What order?
5.My findings on the above points are as under:
Point No.1 - in the negative
Point No.2 - As per final order
for the following:-
REASONS
6.POINT NO.1:-
This case has been registered in view of Ex.P1 complaint
that submitted to the Police Sub-Inspector of Kamakshipalya P.S.,
Bangalore by the complainant-Smt. M Vimala W/o M Srinivas, on
18.01.2014 15.10.2014 at about 14.25 hours. Thereafter, the
then SHO of Kamakshipalya P.S., has got registered the case,
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CC No.27988/2014
submitted FIR to the Court, visited the spot and conducted Ex.P2
spot mahazar on 18.01.2014 in the presence of the complainant
and other two panch witnesses in between 4.30 p.m. to 6.15 p.m.
at Shrusti Global and Diagnostic Pvt., Ltd., at No.41/2-1, I Cross
Road, KHB Colony I Stage, Basaveshwaranagara, that lies within
the limits of Kamakshipalya P.S., Bangalore City. Thereafter, the
I.O., has recorded statements of witnesses, collected the
documents, and after completion of the investigation has
submitted the charge sheet against the accused person before
this Court.
In this background, now let us examine whether the
prosecution is able to prove the following essential ingredients to
constitute the offence punishable U/s.420 of IPC.
Whoever cheats and thereby
dishonestly induces the person deceived
to deliver any property to any person, or
to make, alter or destroy the whole or
any part of a valuable security or
anything which is signed or sealed, and
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CC No.27988/2014
which is capable of being converted into
a valuable security.
7.In the complaint marked as per Ex.P-1, PW.1 has
specifically stated to the IO by reiterating almost all the facts as
averred in the Cl. No. 7 of Charge sheet and in para No.1 of this
judgment. Whereas, during the course of his oral evidence, PW.1
has not stated the evidence as stated in the complaint marked as
per Ex.P-1 or in Cl. No. 7 of charge sheet or in para No.1 of this
judgment. PW.1 has stated that she knows the accused person,
about two years back, she obtained treatment for infertility, and
she has not been cheated by the institution of accused person,
and because of angry with the accused person, she lodged
complaint against the accused person. She has further deposed
before the Court that she did not know the contents of the
documents marked at Ex.P-1 and P-2 and now she compromised
the case with the accused. PW-1 has further deposed that she
did not know that for when, where and for what reason she put
her signature on the documents that are marked as Ex.P-1 and P-
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2. The evidence of PW.1 is not in accordance with Ex.P-1
Complaint and Ex.P-2 Mahazar.
8.PW.1 is treated as hostile witness at the request of the
prosecution. She was subjected to cross examination on behalf of
case of the prosecution. But nothing is elicited in support of the
case of the prosecution in the evidence of PW.1 that recorded
during the course of her cross-examination. Further PW.1 has
admitted in her cross-examination that she had received the
amount through DD from the accused in two installments, which
she paid to the accused, and now she is not interested to
prosecute the case against the accused, as she had compromised
the matter with the accused. The said evidence of PW.1 did not
disclose that the accused person has committed the offences as
alleged against him. Since the complainant/victim turned as
hostile, other witnesses have been discharged, since no purpose
would be survived if they were examined in view of the judgment
of Hon'ble Apex Court that reported in 1996(3) Crime 85.
Further, in this case the prosecution has failed to establish the
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CC No.27988/2014
essential ingredients to constitute the offences as alleged against
the accused person. Therefore, I am of opinion that the
prosecution has miserably failed to prove its case as alleged
against the accused person beyond all reasonable doubt. The
accused person is entitled for acquittal. Accordingly, I answer
Point No.1 in the Negative.
9.Point No.2:- In view of the aforesaid discussion, this
court proceed to pass the following:-
ORDER
By acting U/s 248(1) Cr.P.C. the aforesaid accused person is are hereby acquitted of the offences punishable U/s.465, 468, 471 and 420 of IPC and Sec.3, 10 and 19 of Kar., Private Medical Establishment Act 2007.
He shall be set at liberty forthwith if he is not required to other cases. However, his bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (Dictated to the Stenographer through computer, printout taken by him is verified, after corrections made by me and then pronounced by me in the Open Court on this the 7th day of June 2016).
(A. Somashekara) V Addl.C.M.M., B'luru.
Judge Sign 11 CC No.27988/2014 ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW.1 : Smt. Vimala
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex.P. 1 : Complaint dtd., 18.01.2014 Ex.P. 2 : Mahazar dtd., 18.01.2014.
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE: NIL.
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION: NIL.
(A. Somashekara) V Addl. C.M.M., B'luru.
Judge Sign 12 CC No.27988/2014 07.06.2016 State by Sr. APP Case called. Accused Pt., /Abt., Accused on bail Judgement pronounced in the open For Judgement. Court as under vide separate Judgement kept in the file.
By acting U/s 248(1) Cr.P.C. the aforesaid accused person is acquitted of the offences punishable U/s.465, 468, 471 and 420 of IPC and Sec.3, 10 and 19 of Kar., Private Medical Establishment Act 2007.
He shall be set at liberty forthwith if he is not required to other cases. However, his bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., (A. Somashekara) V Addl. C.M.M., B'luru.
Judge Sign