Bangalore District Court
The State By vs Ajay Kumar.D @ Chinni on 14 October, 2022
KABC030819932015
Presented on : 16.12.2015
Registered on : 16.12.2015
Decided on : 14.10.2022
Duration : 06y/09m/28days
IN THE COURT OF XLI ADDL. CHIEF METROPOLITAN
MAGISTRATE AT : BENGALURU
PRESIDED OVER BY TATTANDA DAMAYANTI SOMAYYA
B.A.,LL.B
Dated on this 14th day of October 2022
C.C.No.29378/2015
COMPLAINANT : The State by
Vidyaranyapura Police
-V/s-
ACCUSED : 1. Ajay Kumar.D @ Chinni
S/o. Dayakar,
R/at No.322, 6th Main,
Bahubali Nagar, M.E.S. Road,
Jalahalli, Bengaluru.
Date of Commission of 07.08.2015
offence
Date of report 07.08.2015
Date of arrest On 07.10.2015 the accused
No.1 produced under Body
warrant
Name of the complainant Smt.Annie Paul
Date of commencement of 05.11.2018
recording Evidence
2 C.C.No.29378/2015
Date of closing evidence 22.09.2022
Offences complained of U/Sec.392 of IPC
Opinion of the Judge As per final orders
State Represented by Senior Asst.Public
Prosecutor
Accused Represented by Sri.Harisha.M.T -Advocate.
JUDGMENT
[Delivered on 14.10.2022] The Police Inspector of Vidyaranyapura P.S has filed charge sheet against the accused for the offence punishable U/Sec.392 of IPC.
2. Brief facts of prosecution case is as follows:
On 07.08.2015, at 9.30 a.m., the accused No.1 entered the compound of CW.1, which is situated at No.5, 2 nd Main, 5th Cross, Chamundeshwari Layout, Vidyaranyapura and in the guise of asking address, he snatched golden chain from the neck of CW.1 and as a result the chain got cut and he escaped on a bike along with accused No.2 with a piece of chain weighing 10 grams. On the basis of complaint given by CW.1, Smt.Annie Paul, the Vidyaranyapura police have registered this case in Cr.No.293/2015.3 C.C.No.29378/2015
3. After the investigation, the IO filed charge sheet against the accused for the O/P/U/Sec.392 of IPC. The IO has made an endorsement stating that, a separate charge sheet will be filed against the accused No.2 as, he is absconding. Hence, this Court has taken cognizance of the offence punishable U/Sec.392 of IPC against accused No.1 only.
4. The accused No.1 was in judicial custody in some other case. Hence, his presence was secured by issuing body warrant. On 17.10.2015, the accused got enlarged him on bail. After taking cognizance of the offence, this Court complied with Sec.207 of Cr.P.C and furnished charge sheet copy to the accused.
5. This Court heard both the parties. As there were no grounds to discharge the accused No.1, this Court framed charge for the offence punishable U/Sec.392 of IPC. The accused No.1 did not plead guilty. He claimed to be tried.
6. In order to prove its case, the prosecution got examined 3 witnesses as PW.1 to 3 and got marked Ex.P.1 to 6 documents. 4 C.C.No.29378/2015 After completion of the evidence of the prosecution, the statement of the accused No.1 was recorded U/Sec.313 of Cr.P.C. The accused denied the incriminating evidence led against him. He did not choose to lead his defence evidence.
7. I have heard the arguments of Senior APP and Sri. HMT Advocate.
8. On the basis of allegations made against the accused, the following points arise for my consideration:
1. Whether the prosecution proves beyond all reasonable doubt that, on 07.08.2015, at 9.30 a.m., the accused No.1 entered the compound of CW.1, which is situated at No.5, 2 nd Main, 5th Cross, Chamundeshwari Layout, Vidyaranyapura and in the guise of asking address, he snatched golden chain from the neck of CW.1 and as a result the chain got cut and he escaped on a bike along with accused No.2 with a piece of chain weighing 10 grams and thereby he has committed an offence punishable U/Sec.392 of IPC?5 C.C.No.29378/2015
2. What order?
9. My answers to the above points are as under:
Point No.1 : In Negative
Point No.2 : As per final orders for the following:
REASONS
Point No.1 :
10. The burden is casted on the prosecution to prove that, the accused No.1 entered the compound of CW.1 and in the guise of asking address, he snatched golden chain from the neck of CW.1 and as a result the chain got cut and he escaped on a bike along with accused No.2 with a piece of chain weighing 10 grams and thereby he has committed an offence punishable U/Sec.392 of IPC.
11. In order to prove its case, the prosecution got examined CW.1 as PW.1, police official who arrested the accused- CW.8 as PW.2 and investigation officer -CW.10 as PW.3 and got marked complaint as Ex.P.1, spot mahazar as Ex.P.2, photograph of robbed chain as Ex.P.3, portion of the statement of PW.1 as 6 C.C.No.29378/2015 Ex.P.4, portion of the voluntary statement of the accused as Ex.P.5 and true copy of the seizure mahazar as Ex.P.6.
12. CW.1/PW.1-Annie Paul in her evidence has stated that, about 4 years ago, one day at 9.30 a.m., when she was standing inside their compound, two persons came on a motorcycle parked near their house and one person came from her backside and tried to talk to her and he snatched her 40 grams golden chain from her neck. At that time, it got cut and he escaped on a motorcycle with a piece of 10 gram gold chain. Accordingly, she gave Ex.P.1 complaint. Her signature is found on Ex.P.2 mahazer. She could identify the person, who snatched her chain, as the incident was occurred many years ago. After a lapse of one year, police called her and shown the persons, who snatched her golden chain. Her chain is found in Ex.P.3 photograph. She has not given any statement to the police by identifying the accused and the stolen chain.
7 C.C.No.29378/2015
13. CW.8/PW.2 - Mahesh in his evidence has stated that, while he was working as constable at crime branch, Yeshwantapura division on 09.09.2015 CW.10 had deputed himself, CW.6 and 7 to trace the accused, who are involved in dacoity and robbery cases. Accordingly, they were on beat at Vidyaranyapura-Kodigehalli. At that time, they received an information that a person by name Ajay Kumar @ Chinni is at Lottegollahalli Railway station. Accordingly, at 12.15 p.m they visited Lottegollahalli Railway station and saw Ajay Kumar. By seeing them, he tried to escape from the spot, fell down and sustained injuries. On enquiry, he told his name as Ajay Kumar @ Chinni S/o. Dayakar. As he was a rowdy sheeter, they produced him before CW.10. Accordingly, CW.6 gave a report in this regard. He has identified the accused.
14. CW.10 /PW.3 Puneeth Kumar.R, in his evidence has stated that, while he was discharging his duty as Police Inspector at Vidyaranyapura Police station, CW.6 produced the accused by 8 C.C.No.29378/2015 name Ajay Kumar @ Chinni, while conducting investigation in Cr.No.236/2015 of Vidyaranyapura Police Station. During the course of investigation, he admitted his involvement in the present case and gave voluntary statement as per Ex.P.5. As the accused admitted that he has kept the stolen ornaments at his residence and he is ready to show those ornaments, he called CW.4 and 5. The accused took them to his house which is situated at No.322, 6th Cross, 6th Main, Bahubali Nagar, MES Road, Jalahalli and produced 4 different gold chains weighing 25 grams, 20 grams, 22 grams and 10 grams respectively. Accordingly, by drawing Ex.P.6 Mahazar from 5 p.m., to 6 p.m., he has seized those gold chains. He has recorded the statements of CW.4 and
5. On the same day, the PW.1 visited the police station, identified her golden mangalya chain as well as the accused and gave her re-statement. He recorded the statements of CW.7 and 8. By following the arrest procedure, he produced the accused before the court. As per the court orders on 29.10.2015 he 9 C.C.No.29378/2015 handed over item No.4 gold chain referred at PF No.98/2015 in favor of PW.1. At that time, Ex.P.3 photograph was taken. He has identified the accused. Subsequently, by completing the investigation he submitted the charge sheet against the accused.
15. On the basis of Ex.P.1 written complaint given by PW.1 on 07.08.2015 at 10.30 a.m., the Vidyaranyapura police have registered this case in Cr.No.293/2015 against the accused, investigated the matter and filed charge sheet. In Ex.P.1., the PW.1 has alleged that, on 07.08.2015 at 9.30 a.m., She was standing inside their compound, at that time unknown persons came on a motorcycle and parked the same infront of their house. Among them, one person came from her back side and talked to her but, she could not understand his wordings. At that time, that person tried to snatch her 40 grams golden chain from her neck. As, she was holding her chain tightly it got cut and that person escaped on a bike with a piece of 10 grams golden chain. In 10 C.C.No.29378/2015 Ex.P.1, the complainant has not given any description of the person, who snatched her chain from her neck.
16. The prosecution contends that, the CW.6 had produced accused by name Ajay Kumar @ Chinni in Cr. No.236/2015 and during the course of investigation of that case, he gave voluntary statement as per Ex.P.5 regarding his involvement in the present case. The prosecution contends as per the voluntary statement given by the accused No.1 herein, the PW.3 has seized different gold chains weighing 25 grams, 20 grams, 22 grams and 10 grams respectively from the house of accused.
17. In the present case, no pancha witnesses appeared before the court to say that, Ex.P.6 mahazar was drawn in their presence and 4 golden chains of different measurements were recovered from the house of the accused No.1. In order to ascertain the correctness of allegations made by PW.1 in Ex.P.1, this court had issued repeated summons, warrants and proclamations against 11 C.C.No.29378/2015 CW.2 to 6. Inspite of it, the prosecution has not secured their presence. Hence, CW.2 to 6 are dropped from examination.
18. The PW.1 being the complainant has not identified the accused No.1, who said to be snatched her golden chain from her neck. Moreover, the complainant herself has stated she has not given any restatement identifying the accused and the piece of gold chain, which was robbed from her neck.
19. In the present case, no independent witnesses have appeared before the court to say that, themselves and police accompanied accused No.1 to House No.322, 6th Main, 6th Cross, Bahubali Nagar, Jalahalli, MES Road and 4 golden chains were seized by drawing Ex.P.6 Mahazar in their presence. Though the PW.2 stated that they have arrested the accused at Lottegollahalli Railway station, there are no cogent evidence before the court to substantiate his version.
20. Though the prosecution contends that, the accused No.1 escaped from the spot on a motorcycle by committing crime, the 12 C.C.No.29378/2015 IO has not recovered the said motorcycle. On the other hand, the IO stated that, another accused is absconding and hence he could not trace out the motorcycle.
21. In the present case, there are no materials on record to show that the chain found in Ex.P.3 photograph was recovered from the accused. The chain found in Ex.P.3 photograph and remaining portion of that chain was not produced before the Court for comparison to know whether the alleged piece of chain found in the photograph is the portion of same chain, which is available with PW.1 or not.
22. In the absence of the oral evidence of pancha witnesses of Ex.P.6, the evidence of police witnesses cannot be believed. The evidence of police witnesses is not corroborated with the evidence of independent witnesses. In the present case, except the police officials, no independent witnesses including the complainant have identified the accused.
13 C.C.No.29378/2015
23. The complainant has also not stated that the chain found in Ex.P.3 photograph was seized from the accused No.1 and she has seen and identified him at the police station. When such being the case, it cannot be accepted that, the accused No.1 robbed the piece of complainant's chain and it was recovered from his house.
24. According to PW.1, the police had called her to the station after a lapse of 1 year from the date of incident. As per Ex.P.6, the police seized golden chains from the house of the accused No.1 on 09.09.2015 i.e., after a lapse of one month from the date of alleged incident. The alleged incident occurred on 07.08.2015. When the PW.1 was called to police station after a lapse of one year, how the IO can say that the PW.1 gave her re-statement on 09.09.2015 by identifying her chain and accused. All these aspects create doubt in the mind of the court regarding genuineness of this case.
14 C.C.No.29378/2015
25. In such circumstances, the oral evidence led by PW.1 to 3 will not come to the aid of the prosecution. From the version of PW.1 to 3 the allegations made against the accused will not be proved. Thus, the prosecution has failed to prove that the accused snatched golden chain from the neck of PW.1 and as a result it got cut and he escaped from the spot on a motorcycle with a piece of golden chain weighing 10 grams and it was recovered from his house. Accordingly, I answer point No.1 in Negative. Point No.2: For the aforesaid reasons, I proceed to pass the following:
ORDER By exercising the powers conferred U/Sec.248[1] of Cr.P.C., the accused No.1 is acquitted from the charge of Sec.392 of IPC.
The bail bonds executed by the accused stands cancelled.
14.10.2022 [TATTANDA DAMAYANTI SOMAYYA] XLI ADDL.METROPOLITAN MAGISTRATE BENGALURU 15 C.C.No.29378/2015 ANNEXURE LIST OF WITNESSES EXAMINED FOR THE PROSECUTION:
PW.1 : Smt.Annie Paul PW.2 : Mahesh PW.3 : Puneeth Kumar
LIST OF DOCUMENTS MARKED FOR THE PROSECUTION:
Ex.P.1 : Complaint Ex.P.1[a] : Signature of PW.1 Ex.P.2 : Complaint Ex.P.2[a] : Signature of PW.1 Ex.P.3 : Photograph of golden chain Ex.P.4 : Portion of restatement of PW.1 Ex.P.5 : Portion of the voluntary statement of accused Ex.P.6 : True copy of Seizure Mahazar
LIST OF PROPERTY MARKED FOR THE PROSECUTION:
Nil LIST OF WITNESSES EXAMINED FOR THE ACCUSED : NIL LIST OF DOCUMENTS MARKED FOR THE ACCUSED : NIL ....................................................................................
Dictated on : 12.10.2022
Transcribed on : 13.10.2022
checked on : 14.10.2022
Signed on : 14.10.2022
[TATTANDA DAMAYANTI SOMAYYA]
XLI ADDL.METROPOLITAN MAGISTRATE
BENGALURU
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