Bangalore District Court
State By - K.G.Halli Police Station vs Lala Sameer Jaffar Hussain @ on 7 September, 2016
IN THE COURT OF THE XI A.C.M.M., AT MAYO HALL UNIT.
Mahatma Gandhi Road, Bengaluru City.
Present: Smt. K.S.JYOTHISHREE, B.Com., LL.B.,
XI A.C.M.M., Bengaluru City.
Dated: This the 7th day of September 2016.
C.C.No.50993/2015
COMPLAINANT :: State by - K.G.Halli Police Station
(State represented by Sr.APP)
Vs.
ACCUSED :: 1. Lala Sameer Jaffar Hussain @
Lala S/o. Sameer Jaffar Hussain, 35
years, Beside Abu Talib Masjid,
Near Ambiwali Railway Station,
Indiranagara, Tehal Kalyana
District-Thana, Maharashtra State
400251
2. Jaffar Ali Syed S/o. Asif Ali Syed,
31 years, No.2, Kurumayyachal,
Near Bhaskar School, Patil Nagara,
Ambiwali, Kalyan Taluk, Thana
District, Maharashtra State.
3. Usman S/o. Lala Sab, 32 years,
Ghouse Nagara, Tarphale Road, 8th
Cross, Gulberga city, Gulberga
District.
4. Gulam Ali Faruwali Syed S/o.
Faruwali Syed, 26 years, Near
Valmiki School, Near Ambiwali
Railway Station, Indira Nagara,
Kalyan, Mumbai, Maharashtra
State.
2
C.C.NO.50993/2015
5. Abbas Ali S/o. Yahub Ali, 28
years, Ghouse Nagara, Tarphale
Road, 8th Cross, Gulberga city,
Gulberga District.
6. Rehamathulla Saifulla Jafari 2
Rehamath S/o. Saifulla Jafari, 36
years, Khan Compound,
Mominpura, Shanthi Nagara Road,
Beemandi, Thana District,
Maharashtra state.
(Case against accused No.3 & 6
split up)
(Accused Nos.1, 2, 4 & 5 represented by Advocate Sri.
D.Gopi)
*****
1. Date of commission of the offence :: 05-02-2013
2. Date of report of offence :: 05-02-2013
3. Arrest of the accused:
a) Date of arrest of accused :: -
b) Release of accused on bail :: -
4. Name of the Complainant :: SMT. N.RADHA BAI
5. Date of recording evidence :: NIL
6. Date of closing evidence :: NIL
7. Offences complained of :: Ss. 419 & 420 of
IPC.
Judgement
3
C.C.NO.50993/2015
8. Opinion of the Judge :: Accused Nos.1,
2, 4 & 5 found
not guilty.
XI A.C.M.M., Bengaluru.
JUDGEMENT
The PSI, of K.G. Halli Police Station has filed charge sheet against the accused Nos.1 to 6 for the offence punishable under Sections 419 & 420 of I.P.C.
2. Brief facts of the prosecution case is as follows; On 05-02-2013 at about 5-45 p.m., near Vayyalikaval Society, Govindapura, Veerannana Palya, the accused No.1 & 2 received the jewels from CW-1 that they are the police people and it is not safe to wear the gold ornaments. CW-1 has believed the words of accused No.1 & 2. Later the accused No.1 & 2 wrapped the jewels in a paper, given the same to CW-1 and ran away in a Bolero vehicle along with accused Nos.3 to 8. Later CW-1 opened the wrapper and noticed that instead of jewels, the accused persons given the stone powder and cheated Judgement 4 C.C.NO.50993/2015 the complainant. Hence, complainant has filed the above complaint before the jurisdictional police.
3. Accused Nos.1, 2, 4 & 5 are in JC. During pendency accused No.3 & 6 remained absent. Hence case against accused No.3 & 6 is split-up. After filing of the charge sheet against the accused Nos.1, 2, 4 & 5, cognizance of the offences was taken by this Court. Copies of the charge sheet and other prosecution papers were furnished to the accused as provided under Section 207 of Cr.P.C.
4. Charges were framed and read over and explained to the accused Nos.1, 2, 4 & 5. The accused Nos.1, 2, 4 & 5 pleaded not guilty. Hence, case was posted for trial.
5. Inspite of issue of summons warrants and proclamation on several times, the prosecution has failed to keep the witnesses present and adduce evidence before the Court. Hence, CW-1 to CW-20 was dropped.
Judgement 5 C.C.NO.50993/2015 The accused statement U/s. 313 of Cr.P.C. is dispensed with.
6. Heard arguments.
7. After analyzing oral evidence and materials available on records, points for my determination are as follows;
1. Whether the prosecution proves beyond all reasonable doubt that on 05-02-2013 at about 5-45 p.m., near Vayyalikaval Society, Govindapura, Veerannana Palya, the accused No.1 & 2 received the jewels from CW-1 that they are the police people and it is not safe to wear the gold ornaments. CW-1 has believed the words of accused No.1 & 2. Later the accused No.1 & 2 wrapped the jewels in a paper, given the same to CW-1 and ran away in a Bolero vehicle along with accused Nos.3 to 8. Later CW-1 opened the wrapper and noticed that instead of jewels, the accused persons given the stone powder and cheated the complainant and thereby committed an offence punishable U/s. 419 & 420 of IPC ?
Judgement 6 C.C.NO.50993/2015
2. What order?
8. My answers to the above points are as follows; POINT NO-1 : In Negative POINT NO-2 : As per final order for the following;
REASONS
9. POINT NO-1 :: The burden is on the prosecution to prove that the accused persons were committed the offences punishable U/s. 419 & 420 of IPC.
10. It is pertinent to note that, on 15-06-2016, charge was framed in the above case. From 15-06-2016 till 24.08.2016, opportunity was granted to the prosecution to keep the witnesses present and adduce evidence before the Court. Inspite of issue of summons, warrant and proclamation on several times, the police have failed to secure the witnesses. Therefore, CW-1 to 20 were dropped. Non- examination of complainant, IO and other material witnesses is fatal to the prosecution case.
Judgement 7 C.C.NO.50993/2015 Hence, the prosecution has failed to prove the case against accused persons. Therefore, benefit of doubt has to be given to the accused persons. Hence, I answer Point No.1 in Negative.
11. POINT NO-2:: In the result, I proceed to pass the following;
ORDER Acting under Section 248(1) of Cr.P.C. accused Nos.1, 2, 4 & 5 are acquitted for the offence punishable under Sections 419 & 420 of I.P.C.
Accused Nos.1, 2, 4 & 5 are set at liberty forthwith, if they are not required in any other case.
Issue intimation to the concerned jail authorities accordingly.
Office is hereby directed to retain this file and seized property till disposal of split up case. (Dictated to the stenographer, transcribed by her, the transcription corrected and then pronounced by me in the open court on this 7th day of September 2016.) (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement 8 C.C.NO.50993/2015 ANNEXURE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION :: N I L DOCUMENTS EXHIBITED ON BEHALF OF THE PROSECUTION :: N I L WITNESSES EXAMINED ON BEHALF OF THE ACCUSED ::
NIL DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED ::
NIL LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION ::
NIL (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement