Bangalore District Court
State By Basaveshwara Nagar vs Hemanth Kumar.B on 21 January, 2020
IN THE COURT OF V ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE AT: BANGALORE
Dated this the 21st day of January , 2020.
:PRESENT:
Smt. SHIRIN J ANSARI B.A.LL.B(Hon's) LLM
V ACMM Bangalore .
CRIMINAL CASE No. 9402/2017
Complainant : State by Basaveshwara nagar ,
Police station, Bangalore.
(Rep by Sr.A.P.P)
-VS-
Accused : Hemanth Kumar.B,
S/o.Bettegowda,
Aged about 37 years,
R/of No.159, 2nd Floor,
3rd Cross, Sathyanarayana Layout,
Watertank, Shankaramat,
Bangalore.
(By Sri NM Advocate,)
1. Date of commencement of 03.06.2016
offence
2. Date of report of offence 03.06.2016
2
CC No. 9402 /2017
3 Arrest of the accused The accused is on bail
4. Name of the complainant Anantharaman
5. Date of recording of 11.11.2019
evidence
6. Date of closing of evidence 11.11.2019
7. Offences complained of Secs. 354, 323, 506 &
504 of IPC.
8. Opinion of the Judge The accused is found
not guilty
9. Complainant by The Learned Sr.APP
10. Accused defence by Sri. NM., Advocate,
3
CC.No.9402/2017
JUDGMENT
The IO of Basaveshwar Nagar police station, Bangalore has submitted the present charge sheet against the accused for the offences punishable U/Sections 354, 323, 509 & 504 of IPC.
2. The brief facts of the prosecution case are as under:-
That on 03.06.2015 at about 8.00 p.m, situated at Satyanarayana Layout, the accused was abusing CW1, 4 and 5 with regards to car parking, when CW1 questioned the same, the accused person dragged the complainant by holding her saree. Further when CW5 questioned the same, the accused abused CW5 in filthy language, assaulted him with hands by holding his T-shirt and threatened them with dare consequences of life and thereby committed an offence punishable under sec.323, 354, 504, 506 of IPC. Hence, this complaint.4
CC.No.9402/2017 On the basis of above said allegations the police have registered a case in crime No.205/2016 and forwarded FIR to this court. During the course of investigation, police have arrested the accused persons and got enlarged on bail.
Thereafter, police have as usual conducted the investigation and submitted the charge sheet against the accused persons for the above said offences.
3. On the basis of materials on record, cognizance for the aforesaid offences has been taken and issued summons to the accused. The accused person faced the trial through the Advocate. Copies are furnished. The necessary charges were framed, read over and explained the same to the accused, wherein, he pleaded not guilty and claimed to be tried. The prosecution examined the witness as PW.1 and got marked the document at Ex.P.1.
4. The prosecution has examined the material witness as PW 1. The incriminating evidence available against the accused person is brought to their notice. The accused denied the same, but, he did not choose to lead any defence evidence. 5
CC.No.9402/2017 Heard the arguments on both sides, perused the oral and documentary evidence on record.
5. Based on the above facts and circumstances on record, the following points arise for my determination:-
POINTS
1.Whether the prosecution proves beyond all reasonable doubt that, on 03.06.2015 at about 8.00 p.m, situated at Satyanarayana Layout, the accused dragged the complainant by holding her saree and outraged her modesty and thereby committed the offence punishable under Sec.354 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that on the said date, time and place, the accused abused CW1 in filthy language and thereby committed the offence punishable under Sec.504 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that on the said date, time and place, the accused person picked up quarrel with CW1 and assaulted her with hands and thereby committed the offence punishable under Sec.323 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that on the said date, time and place, the accused person threatened the CW1 with dire consequence of life and thereby committed the offence punishable under Sec.506 of IPC?6
CC.No.9402/2017
5. What Order ?
6. My findings on the above points are as under:-
Point No.1 to 4 - In the "Negative"
Point No.5 - As per final order
for the following:-
REASONS
7.POINT No.1 to 4 :- It is the case of the prosecution
that, on 03.06.2015 at about 8.00 p.m, in 1 st cross, situated at Satyanarayana Layout, the accused was abusing CW1, 4 and 5 with regards to car parking, when CW1 questioned the same, the accused person dragged the complainant by holding her saree. Further when CW5 questioned the same, the accused abused CW5 in filthy language, assaulted him with hands by holding his T-shirt and threatened them with dare consequences of life and thereby committed an offence punishable under sec.323, 354, 504, 506 of IPC. Though the prosecution has cited 8 witnesses but have examined only one witness as PW1. PW1 is the medical witness who has deposed about the examination of PW1 on 03.06.2016 at about 11.54 p.m but though PW1 has examined CW1/complainant, she has 7 CC.No.9402/2017 not issued any wound certificate to CW1. PW1 has produced only MLC register extract before this court which is marked at Ex.P1. If at all CW1 was injured what was an impediment or any hurdle to PW1 to not to issue any wound certificate to CW1. This aspect of the matter creates a cloud of doubt on the case of the prosecution. Hence, the version of prosecution by way of testimony of PW1 is unbelievable.
Though proclamation is published against CW1 to 6 & 7, they have not appeared before this court. Hence, prosecution has failed to prove its case. CW1/first informant/victim herself has failed to place her case before this court. Therefore, the court is of the opinion that, prosecution has utterly failed to prove their case. Hence, I answer point Nos.1 to 4 in the Negative.
8.POINT No.5:- In view of findings on points No. 1 to 4, I find that the accused is not guilty and in the result, I proceed to pass the following:-8
CC.No.9402/2017 ORDER By acting U/Sec 255(1) of Cr.P.C., the accused is acquitted for the offences punishable U/Sections 354, 323, 506, 504 of IPC.
Bail bonds and surety bonds shall stand cancelled.
Accused shall execute personal bond of Rs.10,000/- towards compliance of section 437(A) of Cr.P.C.
(Dictated to the stenographer directly on the computer, typed by her and corrected by me, then pronounced in the open court, on this the day of 21st January, 2020).
(SHIRIN J ANSARI) V ACMM, Bangalore ANNEXURE
1. Witnesses examined by the prosecution.
P.W.1 Dr.Anitha
2. List of the documents exhibited for the prosecution. Ex.P1 : Accident Register of the K.C.G
3. List of the witnesses examined for defence :Nil
4. List of the Documents exhibited for defence:Nil
5. List of the MOs marked in the evidence: Nil (SHIRIN J ANSARI) V ACMM,Bangalore.
9CC.No.9402/2017 (Judgment pronounced in the open court vide separate order) ORDER By acting U/Sec 255(1) of Cr.P.C., the accused is acquitted for the offences punishable U/Sections 354, 323, 506, 504 of IPC.
Bail bonds and surety bonds shall stand cancelled.
Accused shall execute personal bond of Rs.10,000/- towards compliance of section 437(A) of Cr.P.C.
V ACMM,Bangalore.